United States · United States Congress · 2 February 1989
Amends the Internal Revenue Code to extend the income tax credit for producing fuel from a nonconventional source to qualified fuels: (1) from wells or facilities in service before January 1, 2001; and (2) sold before January 1, 2011. (The change represents a ten-year extension of the credit.) Affirms natural gas found in tight sands formations as a qualified fuel with respect to the credit.
United States · United States Congress · 2 February 1989
Infant Mortality and Childrens Health Act of 1989 - Amends title XIX (Medicaid) of the Social Security Act to require States to cover children born after September 30, 1983, whose family income is below the Federal poverty level. Authorizes States to continue such coverage for one year after the family's income rises above the Federal poverty level. Phases in mandatory State coverage of pregnant women and infants whose family income is below 185 percent of the Federal poverty level. Deducts child and medical care costs from the income eligibility test. Requires the continuation of such coverage for women through the month in which the 60-day post-partum period expires, and for infants throughout their first year of life. Directs the Secretary of Health and Human Services to report to the Congress by July 1, 1990, on State error rates in determining the Medicaid eligibility of pregnant women and infants. Suspends error rate penalties attributable to such eligibility determinations made from July 1, 1989, until one year after the Secretary's report. Permits States to provide Medicaid coverage to all children whose family income is below the Federal poverty level. Requires that States make ambulatory prenatal care available to a pregnant woman during a presumptive eligibility period which ends when she is determined to be ineligible for Medicaid benefits or 14 days after she is determined to be eligible, but fails to apply. Amends title V (Maternal and Child Health Services) of the Act to require States to provide outreach services for Medicaid-eligible pregnant women and infants under such title. Amends the Medicaid program to reimburse States, at the Federal Medicaid assistance percentage, for outreach services identifying Medicaid-eligible pregnant women and infants and assisting them in applying for Medicaid coverage. Requires that States submit information to the Secretary, by April 1 of each year, pertaining to the supply of and demand for obstetrical and pediatric services and proposed Medicaid payment rates for such services so that the Secretary may determine whether such rates are sufficient to ensure that obstetrical and pediatric services will be at least as available to Medicaid beneficiaries as they are to the general population. Requires States to immediately revise rates determined to be insufficient. Increases, by 25 percent, the Federal share of Medicaid costs attributable to State demonstration projects to reduce infant mortality and childhood morbidity by improving the access of Medicaid-eligible pregnant women, infants, and children to obstetricians and pediatricians. Limits FY 1990 expenditures for such projects. Directs States to adjust Medicaid payments to disproportionate share hospitals to take into account exceptionally costly and lengthy inpatient hospital services for children. Requires States to: (1) coordinate Medicaid services with the special supplemental food program for women, infants, and children (WIC) under the Child Nutrition Act of 1966; and (2) notify Medicaid-eligible pregnant, breastfeeding, or postpartum women and children under age five of WIC program benefits. Directs the Secretary to develop, for use by January 1, 1990, a national toll-free phone number providing basic health information and health care referrals to pregnant women, new mothers, and other interested persons.
United States · United States Congress · 2 February 1989
National Health Promotion Act of 1989 - Authorizes the Secretary of Health and Human Services to make grants to pay the Federal share of the cost of health promotion campaigns. Provides for allotment to each State of any sums appropriated. Directs the Secretary to provide for the collection of data that measure and evaluate the impact of the campaigns. Mandates the creation of an Advisory Board by each State. Sets forth the Federal share for each year of participation. Declares that each State shall be eligible for Federal funding for any three consecutive years of the five-year period during which the Federal program shall operate. Authorizes appropriations for FY 1989 through 1991.
United States · United States Congress · 31 January 1989
Petroglyph National Monument Establishment Act of 1989 - Establishes the Petroglyph National Monument in New Mexico as a unit of the National Park System. Requires the Secretary of the Interior to develop and transmit to specified congressional committees a general management plan for the Monument. Establishes the Petroglyph National Monument Advisory Commission. Provides that public roads linking the Monument to other prehistoric and historic cultural sites in New Mexico and eastern Arizona shall be included in the vehicular tour route known as the Masau Trail. Authorizes appropriations.
United States · United States Congress · 31 January 1989
Equity for Rural Hospitals Act of 1989 - Directs the Secretary of Health and Human Services to design a legislative proposal for eliminating the differences in average standardized Medicare payments (under title XVIII of the Social Security Act) to large urban, other urban, and rural hospitals by FY 1995, while recognizing appropriate cost differences among hospitals. Amends the Medicare program to provide additional payments to Medicare-dependent, small rural hospitals up to FY 1992 (when the transition to a single average standardized Medicare payment rate is required to begin), ensuring the coverage of such hospitals' reasonable operating costs for Medicare inpatient hospital services. Requires the recomputation of Medicare sole community hospital payment rates using the most recent information on hospital-specific costs per case and, if greater, national rather than regional prospective payment rates. Includes, in the Secretary's determination as to whether a hospital is a sole community hospital, consideration of the travel time to the nearest alternative source of inpatient care and the number of patients who seek health services which are unavailable in the hospital's area. Establishes the Medicare Geographical Classification Review Board to decide on a rural hospital's application for classification as an urban hospital for Medicare payment purposes. Amends the Omnibus Budget Reconciliation Act of 1987 to alter the Rural Health Care Transition Grant Program to extend and increase authorized appropriations for such program through FY 1992, and permit the Secretary to waive the hospital grant limit. Expands, from four to ten hospitals, a Medicare demonstration program covering additional costs incurred by teaching hospitals in sending their residents to rural hospitals for training. Requires the Secretary to establish five-year Medicare demonstration programs covering costs incurred by five hospitals in providing clinical training to undergraduate nurses.
United States · United States Congress · 31 January 1989
Postal Service Budgetary Treatment Act of 1989 - Declares that the receipts and disbursements of the Postal Service Fund: (1) shall not be included in the totals of the Federal budget or the congressional budget; (2) shall be exempt from Federal budget limitations on expenditures and net lending; and (3) shall not be counted for purposes of calculating the Federal deficit. Makes the U.S. Postal Service an off-budget Federal entity.
United States · United States Congress · 31 January 1989
Protect Medicare 90 Concurrent Resolution - Expresses the sense of the Congress that Medicare (title XVIII of the Social Security Act) hospital payments for FY 1990 should not be reduced below levels set by current law for such fiscal year.
United States · United States Congress · 25 January 1989
State Energy Conservation Programs Improvement Act of 1989 - Amends the Energy Policy and Conservation Act to mandate that each State energy conservation plan which receives Federal assistance under the Act contain a specified reduction in energy consumption as one of its goals. Adds to Federal assistance eligibility prerequisites for proposed State energy conservation plans, including an emergency planning program for energy supply disruption and programs implementing all the functions currently performed by the Energy Extension Service. Repeals the National Energy Extension Service Act. Cites optional State energy conservation programs. Repeals the mandate for supplemental State energy conservation plans. Authorizes appropriations for energy conservation programs for FY 1990 through 1992. Establishes within the Department of Energy a State Energy Advisory Board to report annually to the Congress regarding recommended energy efficiency objectives, the technology transfer aspect of Federal research and development with respect to energy efficiency and renewable resources, and recommended changes with respect to State and Federal energy policies. Authorizes the use of loan programs and performance contracting for the non-Federal share of energy conservation project costs under the grant program. Cites conditions under which the Secretary is authorized to approve a State application for a waiver of: (1) the requirement that at least 40 percent of Federal weatherization assistance for low-income persons be used for weatherization materials; and (2) the limitations placed upon expenditures per dwelling unit for weatherization measures. Terminates the Performance Fund used for State weatherization assistance.
United States · United States Congress · 25 January 1989
National Nutrition Monitoring and Related Research Act of 1989 - Title I: Nutrition Monitoring and Related Research - Establishes a ten-year coordinated program, to be known as the National Nutrition Monitoring and Related Research Program, which will be implemented by the Secretaries of Health and Human Services (HHS) and Agriculture. Establishes an Interagency Board for Nutrition Monitoring and Related Research to facilitate program implementation. Authorizes the Secretaries to appoint an Administrator of Nutrition Monitoring and Related Research. Sets forth the program functions of the Secretaries, including: (1) establishing matching grants programs for specified nutritional and dietary purposes; and (2) submitting a biennial report to the President for transmittal to the Congress. Requires the Secretaries to implement a comprehensive national nutrition monitoring and related research plan which shall: (1) assess and report on U.S. nutritional and dietary trends; (2) sample representative subsets of identifiable low income populations and assess and report on food and household expenditures; (3) sponsor and conduct research; (4) develop and update a national dietary and nutritional status data bank; (5) assist State and local agencies in developing procedures and networks for nutrition monitoring and surveillance; and (6) focus the activities of Federal agencies. Requires the plan to allocate the project functions and activities among the various Federal agencies and offices involved. Provides that the comprehensive plan shall be carried out during the period ending with the close of the ninth fiscal year following the fiscal year in which the final comprehensive plan is submitted. Requires the Secretaries to coordinate and enter into contracts for such scientific research and development as may be necessary to support the coordinated program and comprehensive plan. Requires the President, at the time of the submission of the annual budget to the Congress, to submit a report to specified congressional committees on expenditures required for carrying out the coordinated program and implementing the comprehensive plan. Title II: National Nutrition Monitoring Advisory Council - Establishes a nine-member National Nutrition Monitoring Advisory Council to: (1) provide scientific and technical advice on the development and implementation of all components of the coordinated program and the comprehensive plan; (2) evaluate such program and plan; and (3) submit an annual report to the Secretaries. Title III: Dietary Guidance - Directs the Secretaries, by the start of 1990 and every five years thereafter, to publish and review dietary guidelines for the general public. Requires the Secretary of HHS to submit a report describing the appropriate Federal role in assuring that medical students and physicians practicing in the United States have adequate training in the field of nutrition and its relationship to health.
United States · United States Congress · 25 January 1989
Amends the Solid Waste Disposal Act to prohibit the disposal of solid waste in excess of 100 pounds in any State or political subdivision other than the State in which the waste was generated, unless the State or subdivision has consented to the disposal.
United States · United States Congress · 25 January 1989
Homeownership Assistance Act of 1989 - Amends the National Housing Act to create a special mortgage insurance program for first-time homebuyers, including homebuyers of manufactured homes. Authorizes the Secretary of Housing and Urban Development to insure a mortgage loan of up to 97 percent of appraised value for the first $50,000 (currently $25,000) of a home's value. Repeals the current dollar cap on FHA insured mortgages in high cost areas. Authorizes the Federal Housing Administration (FHA) to insure adjustable rate mortgages with annual interest rate increases of up to two percent (currently one percent). Repeals the aggregate annual limit on such insured loans. Defines "first-time homebuyer" as an individual who or whose spouse has not owned a principal residence during the 18 months prior to an FHA insured home purchase. Authorizes an FHA demonstration program to insure mortgages for first-time homebuyer downpayments where the purchase is primarily financed or assisted by tax-exempt or other government assistance. Amends the Federal National Mortgage Association Charter Act to authorize the Government National Mortgage Association to create a secondary market for first-time homebuyer downpayment loans. Authorizes an FHA demonstration program to insure 100 percent of a home's value for a first-time homebuyer provided that the downpayment will be paid within three years by an additional monthly payment. Requires participants to receive financial counseling. Amends the Deficit Reduction Act of 1984 to empower the Internal Revenue Service to confiscate defaulting taxpayers' tax refunds. Requires the Secretary to submit annual program reports to the Congress.
United States · United States Congress · 25 January 1989
National Global Change Research Act of 1989 - Amends the National Science and Technology Policy, Organization, and Priorities Act of 1976 to provide for assignment to the Federal Coordinating Council for Science, Engineering, and Technology of responsibilities to make long-range plans for cooperative scientific and technical research among Federal agencies. Directs the President, through the Council, to develop a National Global Change Research Plan for a ten-year national research effort concerning both human-induced and natural processes of global change. Requires submission of the Plan to the Congress within one year and revision at least triennially thereafter. Directs each participating Federal agency to include global change research funding requirements in its annual budget request. Directs the Chairman of the Council to submit to the President and to the Congress an annual report on global change research efforts.
United States · United States Congress · 25 January 1989
Emergency Medical Services and Trauma Care Improvement Act of 1989 - Amends the Public Health Service Act to create a new title on trauma care. Directs the Secretary of Health and Human Services to provide for the establishment and operation of a National Clearinghouse on Emergency Medical Services and Trauma Care. Authorizes appropriations for FY 1990 through 1992 or for the first three fiscal years for which funds are appropriated. Authorizes the Secretary to make grants and enter into cooperative agreements and contracts with respect to emergency medical services and trauma care systems to: (1) conduct and support research, training, evaluations, and demonstration projects; (2) provide technical assistance to State and local agencies; and (3) establish guidelines for the development of uniform State data reporting systems. Directs the Secretary to make an allotment for each State for each fiscal year, mandating that at least 35 percent, subject to adjustment, be used for planning, implementing, monitoring, and evaluating the operation of county, regional, or State trauma care systems. Sets forth requirements for such systems. Requires States to use at least 35 percent of the amount available to them for a fiscal year to reimburse designated trauma centers for uncompensated trauma care expenditures. Requires non-Federal matching contributions (in cash or in kind) in a specified ratio for fiscal years after FY 1990. Requires each State, for each fiscal year beginning with FY 1990, to submit the trauma care component of the State emergency medical services plan (State plan) to the Secretary. Sets forth requirements for the State plan. Requires that hospital emergency departments, within their capability, if an individual appears and requests examination and treatment: (1) examine for the existence of an emergency medical condition or active labor and, if such a condition or labor exists, treat the individual until stable, subject to exception; and (2) transfer such individual to other facilities only according to stated criteria. Requires States to adopt guidelines for the designation of trauma centers, and for triage, transfer, and transportation policies, at least as stringent as the applicable guidelines developed by the American College of Surgeons and by the American College of Emergency Physicians. Mandates that States: (1) require each trauma center to provide certain information to the State central data reporting system annually; (2) submit, to the Secretary at least annually, the information it receives from its data reporting and analysis system; and (3) identify and submit to the Secretary a list of rural areas lacking certain emergency medical services. Sets forth restrictions on the use of State allotments. Requires an annual report from each State to the Secretary. Sets forth a formula for determination of the amount of allotments. Provides for: (1) repayment and offset for failure to use funds as agreed; (2) criminal penalties for certain false statements; (3) technical assistance and provision of supplies and services by the Secretary in lieu of grant funds; and (4) a report by the Secretary to the Congress. Authorizes appropriations for FY 1990 through 1992. Directs the Secretary of Health and Human Services to conduct studies: (1) to determine the adequacy and appropriateness of the reimbursements provided to trauma centers under title XIX (Medicaid) of the Social Security Act; and (2) of the long-term economic effects of trauma. Amends the Public Health Service Act to revise the application procedure for Preventive Health and Health Services Block Grants to provide the State officer responsible for the administration of the State highway safety program an opportunity to participate in the development of any plan relating to emergency medical services as such plan relates to highway safety. Allows the State official responsible for the provision of emergency medical services the opportunity to participate in the development of the State highway safety program as such program relates to emergency medical services. Amends the Public Health Service Act and the Consolidated Farm and Rural Development Act to allow certain grant allotments to be used for the purchase of communications equipment. Requires the Federal Communications Commission to: (1) study the availability of radio frequency channels for emergency medical services communications; (2) establish a plan to ensure that the needs of emergency medical services communications are provided for in the allocations of frequencies for public safety; and (3) submit a report to committees of the Congress containing such study and plan.
United States · United States Congress · 25 January 1989
Family Planning Amendments of 1989 - Amends the Public Health Service Act to remove, from provisions relating to project grants and contracts for family planning services, provisions allowing the Secretary of Health and Human Services (Secretary), at the request of a grant recipient, to reduce the amount of the grant by the value of supplies or equipment furnished by the Secretary. Authorizes appropriations for such grants and contracts for FY 1990 through 1992. Repeals existing formula grant provisions. Authorizes appropriations for FY 1990 through 1992 for technical assistance and personnel training, including clinical training for obstetric-gynecologic nurse practitioners and training for educators and counselors. States that research grants and contracts may be made for evaluation as well as for development of contraceptives, and to improve clinical management and direct delivery of family planning services. Authorizes the Secretary to conduct, make grants, and enter into contracts for applied research into the development, evaluation, and bringing to the marketplace of contraceptive devices, drugs, and methods. Authorizes appropriations for FY 1990 through 1992. Authorizes the Secretary to make grants or enter into contracts for community-based information and education programs regarding sexuality, pregnancy, parenthood, and sexually transmitted diseases. Directs the Secretary to make grants and enter into contracts for the development, evaluation, and dissemination of educational and informational materials consistent with the objectives of such programs. Authorizes appropriations for FY 1990 through 1992. Directs the Secretary to collect data annually on: (1) the number of low-income and marginal-income individuals and adolescents at risk of unintended pregnancies; (2) the sources of funding available for family planning services in the United States; (3) the numbers and age, gender, race, and family income of persons who receive family planning services; and (4) the types of services chosen by individuals receiving services.
United States · United States Congress · 25 January 1989
Senatorial Election Campaign Act of 1989 - Amends the Federal Election Campaign Act of 1971 to provide for spending limits and benefits for Senate general elections. Sets forth eligibility requirements for such benefits, including: (1) that a candidate has raised contributions totaling a specified minimum amount based on the State voting age population; (2) that such contributions have come from individuals, and that no individual has contributed more than $250; (3) that a candidate will abide by spending and other limitations of this Act; (4) that a specified percentage of contributions have come from constituents; (5) that at least one other candidate has qualified for the same general election; and (6) that a candidate apply for benefits under this Act. Provides that a contribution may not be counted unless: (1) it is made on a written instrument identifying the person making the contribution; (2) it is not made through an intermediary or conduit; (3) it is made by an individual and does not exceed the aggregate of $250; and (4) it was received after January 1 of the year preceding the election. Provides for increasing threshold amounts under this Act in accordance with increases in the price index. Limits personal expenditures during an election cycle to $20,000 and aggregate spending to $400,000 plus: (1) 30 cents multiplied by the voting age population of States having a voting age population of 4,000,000 or less; or (2) 30 cents multiplied by 4,000,000 plus 25 cents multiplied by the voting age population over 4,000,000 in States having a voting age population over 4,000,000. Limits overall spending to not less than $950,000 nor more than $5,500,000. Prohibits benefits to an eligible candidate who spends for the primary election more than 67 percent of the limitation on expenditures for the general election or more than $2,750,000, whichever amount is less. Prohibits payments to a candidate who spends for a runoff election more than 20 percent of the maximum amount of the limitation applicable to such candidate. Establishes spending limitations for a candidate in a State with no more than one transmitter for a commercial VHF television station. Allows a candidate to establish a fund with private contributions of up to ten percent of the general election spending limit to defray the costs of legal and accounting services provided solely to insure compliance with this Act. Permits the candidate to petition the Federal Election Commission for a waiver of such limitation if such costs exceed the limitation. Requires, upon the termination or dissolution of such fund, that remaining amounts be contributed to the Treasury to reduce the budget deficit or transferred to a subsequent compliance fund. Increases the primary and runoff election spending limits by the amount of independent expenditures against a candidate or for his opponent during the two-year election cycle. Allows a candidate to accept private contributions in the event of a prorated payment from the Senate Fund. Establishes formulae for determining entitlements of candidates of a major party and for those not of a major party. Entitles candidates to certain broadcast media rates and mailing rates. Provides for additional payments and suspension of spending limits in cases where non-participating candidates and their committees exceed spending limitations. Permits candidates who receive such additional benefits to use funds to defray expenditures in the general election. Prohibits the use of such benefits to: (1) make any payments directly or indirectly to the candidate or the candidate's immediate family; (2) make expenditures other than to further the general election; (3) make expenditures in violation of State or Federal law; or (4) repay any loan except to the extent the proceeds of such loan were used to further the general election. Requires the Federal Election Commission to certify the eligibility of candidates to the Secretary of the Treasury in order for such candidates to receive benefits. Requires the Secretary to maintain in the Presidential Election Campaign Fund the Senate Fund for the deposit of funds for payments to eligible candidates. Makes candidates liable for repayment to the Fund for any excess amounts they receive. Provides for prorating payments when monies in such Fund are insufficient. Directs the Commission, after each general election, to audit the campaign expenses of publicly financed candidates. Establishes criminal penalties for knowing or willful violations of this Act. Subjects Commission actions under this Act to judicial review by the United States Court of Appeals for the District of Columbia Circuit. Directs the Commission, after each election, to report to the Senate on actions taken under this Act. Authorizes appropriations to the Commission as necessary. Amends the Internal Revenue Code to increase the amount an individual may designate to the Presidential Election Campaign Fund from $1 to $2 (and in the case of joint returns, from $2 to $4). Sets forth reporting requirements for Senate candidates relating to spending limitations, candidacy eligibility, and independent expenditures. Requires each political committee active in non-Federal elections and maintaining separate accounts for such purpose to file with the Commission reports of funds received into, and disbursements made from, such accounts for activities which may influence elections to Federal office. Requires, when two or more persons make expenditures in concert to promote the election or defeat of a candidate, each such person to report to the Commission on such expenditures. Requires political committees to report the name and address of secondary payees who provide goods and services to the candidate. Requires a Senate candidate, within 15 days of qualifying for a primary ballot, to file a declaration with the Commission stating whether he or she intends to expend from personal funds, and the funds of the candidate's immediate family, and incur personal loans in connection with the campaign in the aggregate of $250,000 or more for the election cycle. Requires a candidate who makes such expenditures to report to the Commission within 24 hours after such expenditures have been made, and thereafter, each time an expenditure exceeds $10,000. Requires the Commission to notify eligible candidates of such reports. Limits the amount that political committees may contribute to House elections to $100,000 for a general or special election and $25,000 for a runoff election. Limits contributions to Senate elections to 30 percent of spending limits established by this Act for Senate candidates. Limits contributions to State committees of a political party to: (1) $25,000; or (2) two cents multiplied by the voting age population of the State, whichever is greater. Declares such contributions to State committees applicable to each two-year election cycle. Prohibits a congressional campaign committee from accepting, during a two-year election cycle, contributions from multicandidate political committees and separate segregated funds which exceed 30 percent of the total expenditures which may be made during such cycle by that committee on behalf of congressional candidates. Prohibits a national committee of a political party from accepting contributions from multicandidate political committees and separate segregated funds during the election cycle which equal an amount in excess of two cents multiplied by the voting age population of the United States. Provides that such prohibition does not apply to direct mail communications designed for fundraising purposes which make only incidental reference to Federal candidates. Provides for the accountability of contributions made by intermediaries or conduits. Describes when an expenditure shall not constitute an independent expenditure for purposes of this Act. Requires, when independent expenditures are made for television broadcast communications, that a statement appear continuously during such broadcast showing the name of the person or committee making such expenditure. Requires any type of general public communication to include such statement. Prohibits the use of campaign contributions to repay loans by a candidate to the candidate or the candidate's authorized committees. Makes referral to the Justice Department by the Commission mandatory in the case of criminal matters. Includes as a contribution to a Senate candidate an extension of credit for more than 60 days in an amount of more than $1,000. Amends provisions of law regarding the Postal Service to provide for reduced rates for eligible Senate candidates. Amends the Federal Election Campaign Act of 1971 to require a non-eligible Senate candidate to disclose in advertisements or announcements that such candidate has not agreed to spending limits set forth under this Act. Repeals the exception which permits a Member of Congress who was such a Member on January 8, 1980, to convert excess campaign contributions to personal use. Requires presidential candidates to certify to the Commission that during the presidential primary and general election period, the candidate and his authorized committees and agents have not and will not solicit, receive, or spend, directly or indirectly, any funds in connection with a Federal, State, or local election unless such funds are subject to Federal fundraising and expenditure limitations. Prohibits a State committee of a political party from making any expenditure in connection with the general election campaign of any presidential candidate affiliated with such party which exceeds an amount equal to four cents multiplied by the voting age population of that State. Subjects to Federal fundraising and expenditure limitations any amount solicited, received, or spent by a national, State, or local committee of a political party, if such amount is solicited, received, or spent in connection with a Federal election. Amends the Federal Election Campaign Act of 1971 to revise membership requirements of the Federal Election Commission.
United States · United States Congress · 25 January 1989
Chemical and Biological Weapons Control Act of 1989 - Requires the imposition of certain sanctions against any foreign country which uses chemical or biological weapons in violation of international law or against its own citizens. Specifies such sanctions as: (1) a prohibition against the sale or export to any such country of any item on the U.S. Munitions List; (2) a prohibition against the exportation to any such country of any goods or technology listed on the control list established pursuant to the Export Administration Act of 1979; (3) U.S. opposition to any loan or financial or technical assistance to any such country by international financial institutions; (4) a prohibition against U.S. military or economic assistance to the sanctioned country; (5) a prohibition against the importation of any goods or services from any such country; (6) a prohibition against credit or credit guarantees through the Export-Import Bank of the United States; (7) a prohibition against U.S. banks making any loan or providing any credit to any such country; and (8) a denial of landing rights in the United States to any airline owned by the government of any such country. Authorizes the President to waive some or all of such sanctions for a period not to exceed nine months upon a determination that such a waiver would be in the national interest. Requires the President to notify the Congress of the imposition of such sanctions not later than five days after such sanctions become effective. Provides for the removal of such sanctions after specified conditions are met. Provides for the sanctity of contracts entered into prior to the date on which Congress is notified of the imposition of sanctions. Requires the President to report to the Congress every 180 days on: (1) efforts by Iran, Iraq, Libya, Syria, and other developing nations to acquire materials and technology to produce and deliver chemical and biological weapons; and (2) an assessment of such countries' present and future capability to produce and deliver such weapons. Urges the President to cooperate in multilateral efforts to control chemical and biological weapons and to give full support to United Nations involvement in such efforts.
United States · United States Congress · 25 January 1989
Hatch Act Reform Amendments of 1989 - Declares that a Federal employee may take an active part in political management or in political campaigns, except that an employee may not: (1) use official authority or influence for the purpose of interfering with or affecting the result of an election; (2) knowingly solicit, accept, or receive a political contribution from any person, unless such person is a member of the same Federal employee organization and the solicitation is for a contribution to the multicandidate political committee of such organization; or (3) run for the nomination or as a candidate for election to a partisan political office. Prohibits an employee from engaging in political activity: (1) while on duty; (2) in any room or building occupied in the discharge of official duties by a Federal employee or official; (3) while wearing a uniform or official insignia identifying the office or position of the employee; or (4) while using any vehicle owned or leased by the Government. Exempts certain high level political appointees from such prohibitions if the costs associated with the political activity are not paid for by money derived from the Treasury. Includes U.S. Postal Service, Postal Rate Commission, and District of Columbia employees within the coverage of this Act.
United States · United States Congress · 25 January 1989
Act for Better Child Care Services of 1989 - Makes eligible for services under this Act children: (1) who are less than 16 years of age; (2) whose family income does not exceed the State median income for a family of the same size; and (3) who either reside with a parent or parents who are working, seeking employment, or enrolled in a job training or educational program, or reside with a parent or parents not thus described and receive or need to receive protective services. Authorizes appropriations for FY 1990 through 1994. Directs the Secretary of Health and Human Services (the Secretary) to make grants to applicant Indian tribes or tribal organizations for programs and activities under this Act for the benefit of Indian children. Requires the designation of a lead agency in each State which participates in the program under this Act. Requires States to submit, in order to qualify for assistance under this Act, an application and five-year plan to the Secretary. Requires the plan to specify that at least 75 percent of the State allotment will be used to provide qualified child care services to eligible children, on a sliding fee scale basis (according to specified funding methods) with priority given to services to children of families with very low incomes for their size. Requires that child care services provided out of a State allotment be provided by: (1) contracts directly with or direct grants to eligible child care providers; (2) grants to local governments to contract with such providers to provide such services directly; or (3) child care certificates distributed to parents of eligible children to enable them to purchase such services from such providers. Requires that a specified portion of State allotment funds be used to enable providers to extend the hours of operation of part-day programs to provide full-working-day child care services throughout the year. Prohibits financial assistance under this Act from being expended for the construction of a new facility, and sets forth limitations on such assistance for renovation or repair of existing facilities. Authorizes the Secretary to make planning grants, in the first year of their program participation, to States which desire to participate under this Act but cannot fully satisfy the requirements of a State plan without financial assistance. Provides for a review of the operation of a State plan during the five-year period to determine the State's continued eligibility for funds. Directs the Governors of each participating State to establish, and appoint members of, a State advisory committee on child care to assist the lead agency, review and evaluate services, make recommendations on standards and practices, and perform other functions to improve the quantity and quality of child care services. Requires the committee to have a subcommittee on licensing to review the laws applicable to, and the licensing requirements and policies of, each licensing agency regulating child care services and programs in the State (unless the State has done such a review during the four years before the establishment of the committee). Requires the subcommittee to report to the Governor on specified matters, and the Governor to report to the Secretary with comments and a plan for correcting or improving licensing, regulating, and monitoring of child care services and programs. Requires States receiving funds under this Act to designate private nonprofit community-based organizations or public organizations, including local governments, as resource and referral agencies for particular areas, and to provide assistance to such agencies. Requires each participating State to require that all employed or self-employed persons providing licensed or regulated child care complete at least 15 hours per year of specified training. Directs the State to make grants, and enter into contracts with, specified entities to provide such training to eligible providers, including family child care providers. Requires participating States to provide scholarship assistance to: (1) individuals who seek a nationally recognized child development associate credential for center-based or family child care and whose income is not more than 50 percent above the poverty line; and (2) caregivers who seek to obtain the 15-hour minimum annual training and whose income is not above the poverty line. Requires States to establish in the lead agency a clearinghouse to collect and disseminate training materials to resource and referral agencies and child care providers. Provides for child care public-private partnership. Requires participating States to carry out activities designed to encourage businesses to support or provide child care services to a reasonable mix of children of employees and nonemployees, including those from different socioeconomic backgrounds. Establishes the President's Award for Responsive Management Policy to honor public and private sector employers who have: (1) successfully implemented personnel programs and policies responsive to child care needs of working parents; or (2) made significant contributions to child care projects. Directs the Secretary of Labor to promulgate regulations for annual awards by the President. Establishes in the Department of Health and Human Services the position of Administrator of Child Care who shall: (1) coordinate all activities of the Department and of other Federal agencies relating to child care; (2) annually collect and publish State child care standards, including periodic modifications; (3) evaluate activities funded under this Act; (4) act as a clearinghouse for specified matters, including studies on salaries of child care workers; and (5) provide technical assistance to States to carry out this Act. Establishes enforcement provisions for review of State plans and monitoring of State compliance. Sets the Federal share for funding activities under a State plan at 80 percent, but raises it to 85 percent when the State demonstrates that all child care providers are appropriately licensed and regulated and that those receiving assistance meet certain requirements and minimum standards. Requires the Secretary to establish a National Advisory Committee on Minimum Child Care Standards to: (1) review Federal policies on child care services and such other data as appropriate; (2) submit to the Secretary proposed minimum standards for child care programs; and (3) develop and make available to lead agencies model regulations for resource and referral agencies. Terminates the Committee after the Secretary establishes such standards. Prohibits financial assistance under this Act from being used for: (1) any sectarian purpose or activity, including sectarian worship and instruction; and (2) with regard to services to students in grades one through 12, any services during the regular school day, or for which academic credit is given toward graduation, or which supplant or duplicate a public or private school academic program. States that financial assistance under this Act constitutes Federal financial assistance for purposes of various civil rights and nondiscrimination laws. Prohibits a child care provider from discriminating against any child on the basis of religion in providing child care services in return for a fee paid, reimbursement received, or certificate redeemed, in whole or in part with financial assistance provided under this Act. Provides that nothing in this Act shall be construed or applied in any manner to infringe upon or usurp the the moral and legal rights and responsibilities of parents or legal guardians. Authorizes any State to assist in the establishment and operation of a child care liability risk retention group (i.e., a corporation or other limited liability association whose members are child care providers licensed or accredited pursuant to State and local law and standards, and which otherwise satisfies specified criteria for risk retention groups). Directs the Secretary to make allotments to each State for such child care liability risk retention groups, on the basis of a specified formula.
United States · United States Congress · 25 January 1989
Adolescent Pregnancy Prevention, Care, and Research Grants Act of 1989 - Replaces the current title XX (Adolescent Family Life Demonstration Projects) of the Public Health Service Act with a new title on adolescent pregnancy prevention, care, and research grants. Authorizes the Secretary of Health and Human Services to make grants to provide care services to pregnant adolescents and adolescent parents and prevention services to nonpregnant adolescents. Lists permissible uses for the grants. Requires that grantees charge fees for services only according to a fee schedule approved by the Secretary that bases fees on income. Prohibits a grantee from discriminating on the basis of an individual's inability to pay for services. Sets forth priorities in making the grants. Provides for the amount of a grant. Prohibits the Federal portion of the grant from exceeding 75 percent of annual program costs. Allows non-Federal contributions to be in cash or in kind. Allows the Secretary to waive the 75 percent limitation in accordance with criteria established by regulation. Sets forth descriptions and assurances which must be included in grant applications. Requires grant recipients to spend between three and ten percent to conduct, through an independent entity, an evaluation of the services supported. Sets forth reporting requirements. Directs the Secretary to coordinate Federal policies and programs providing services relating to the prevention of initial and recurrent adolescent pregnancies and providing care for pregnant adolescents and adolescent parents. Requires grant recipients to coordinate activities with other grant recipients in the same locality. Authorizes the Secretary to make grants to support: (1) research concerning the societal causes and consequences of pregnancy, childbearing, and child rearing for adolescent females and males; (2) evaluative research to identify services that reduce adolescent pregnancy rates and that improve the outcome of adolescent childbearing; and (3) the dissemination of information from programs and research relating to adolescent pregnancy and parenthood. Allows research and dissemination grants to be made for one year, with renewals for four additional one-year periods. Limits the amount of a grant for direct costs, but allows: (1) additional amounts for indirect costs as the Secretary deems appropriate; and (2) the Secretary to waive the limitation. Sets forth allowed and prohibited uses of the funds. Directs the Secretary to coordinate research and dissemination activities carried out under these provisions with such activities carried out by the National Institutes of Health (NIH). Directs the Secretary to establish a system for the review of applications that is substantially similar to the system for scientific peer review of the NIH. Requires the creation of a panel to review applications. Prohibits application approval unless the panel has determined the program to be of scientific merit. Sets forth reporting requirements. Directs the Secretary to reserve certain amounts appropriated under this title for evaluation of activities. Requires the Secretary to report the results of each evaluation to the appropriate committees of the Congress. Authorizes appropriations for carrying out the title added by this Act for FY 1990 through 1992. Prohibits use of funds for grants under this Act for payment for the performance of an abortion.
United States · United States Congress · 25 January 1989
1991 Mount Rushmore Commemorative Coin Act - Requires the Secretary of the Treasury to issue a specified number of five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins in commemoration of the Mount Rushmore National Memorial. Provides that such coins shall be considered legal tender. Requires the Secretary to begin issuing such coins on January 1, 1991. Allows the Secretary to obtain silver for the minting of such coins from stockpiles established under the Strategic and Critical Minerals Stock Piling Act and to obtain gold pursuant to authority under existing law. Provides that the design of such coins shall be selected by the Secretary after consultation with the Mount Rushmore National Memorial Society of Black Hills. Specifies the sales price of such coins as the face value plus costs. Requires that all sales of such coins include a surcharge of $35 per coin for five-dollar coins, $7 per coin for one-dollar coins, and $1 for half-dollar coins. Requires that of the total surcharges received by the Secretary from the sale of such coins: (1) 50 percent shall be returned to the Treasury for purposes of reducing the national debt; and (2) 50 percent shall be paid to the Society to assist efforts to improve the Mount Rushmore National Memorial. Authorizes the Comptroller General to audit such payments. Requires the Secretary to take such actions as may be necessary to ensure that the minting and issuance of such coins shall not result in any net costs to the Government.
United States · United States Congress · 25 January 1989
Veterans Benefits and Health Care Act of 1989 - Title I: Compensation and Other Benefits - Part A: Cost-of-Living Adjustments - Directs the Secretary of Veterans Affairs to increase the following: (1) the rates of, and limitations on, Department of Veterans Affairs disability compensation and dependency and indemnity compensation; and (2) rates of certain disability compensation that were increased to coincide with benefit increases under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act. Authorizes rate increases or increased allowance for the following: (1) rehabilitation subsistence allowances for veterans with service-connected disabilities; and (2) educational assistance for veterans' survivors and dependents. Part B: Other Benefits Provisions - Expands the eligibility for a veterans' clothing allowance to authorize such allowance for veterans who, because of a compensable disability, use medication for a service-connected skin condition which stains or damages such veteran's clothing. Increases the monthly pension payments authorized for veterans being furnished domiciliary care in a Department facility. Extends the period authorized for payment of full pension benefits for veterans being furnished hospital or nursing home care by the Department. Authorizes the Secretary to extend the period during which such a veteran's pension is not reduced in specified circumstances. Limits such extensions. Extends through 1991 the authority for veterans' readjustment appointments within the Federal Government for eligible veterans of the Vietnam era. Part C: Program Administration - Expands the authority for multiyear contract procurement to include the procurement of non-medical items within the Department. Title II: Health Care - Part A: Programs Relating to Post-Traumatic Stress Disorder and Mental Health - Authorizes the provision of health care and services for: (1) veterans who served on active duty during World War I or II, the Korean Conflict, the Vietnam Era, or in any other area during a period in which hostilities occurred; and (2) veterans whom a mental health professional designated by the Chief Medical Director has diagnosed to be suffering from post-traumatic stress disorder related to such service. Directs the Special Committee on Post-Traumatic Stress Disorder to submit to the Secretary and the Senate and House Veterans' Affairs Committees no later than June 1, 1989, a report on the Committee's evaluation of the results of a study required under the Veteran's Health Care Amendments of 1983 relating to the diagnosis and treatment of veterans suffering from post-traumatic stress disorder. Directs the Secretary to comment to the veterans' committees concerning such report. Requires the Committee to update certain reports required of the Committee under the Veterans' Health Care Act of 1984 and requires the Secretary to comment to the veterans' committees concerning such updates. Directs the Secretary to provide for the conduct of a study of the psychological problems among Asian-American, American-Indian, Native-Hawaiian, other Native-American Pacific Islander, and Alaska Native Vietnam veterans. Directs the Secretary to study particularly such veterans who have service-connected disabilities and women veterans. Requires a report from the Secretary to the veterans' committees on such study. Directs the Secretary, in certain papers required to be submitted to the President annually, to identify the amounts in the appropriations requests for the VA that are estimated to be obligated for payments and treatments for veterans suffering from post-traumatic stress disorder, and for education, training, research, and the operation of the National Center on Post-Traumatic Stress Disorder. Part B: Other Health-Care Programs - Includes within the definition of "medical services" for coverage under Federal veterans' benefits' provisions services to achieve pregnancy in a veteran or a veteran's spouse when such services are necessary to overcome a service-connected disability impairing the veteran's procreative ability. Authorizes the Secretary to contract with an element of the Department or any other Federal entity to provide for therapeutic work for patients and members in Department health-care facilities. (Currently, the Secretary may contract with private industry or other sources outside the Department.) Extends through FY 1992 the authorization of appropriations to assist States in the construction of State nursing home facilities. Directs the Secretary, during FY 1990 through 1993, to conduct a pilot program for providing assistive animals to aid veterans in the performance of daily living tasks which they are unable to perform due to certain disabilities or handicaps. Outlines administrative provisions and requires reports from the Secretary to the veterans' committees concerning such program. Directs the Secretary, during FY 1990 through 1993, to conduct a pilot program for furnishing signal dogs to not more than 20 veterans who have service-connected hearing impairments and are in need of the assistance of such dogs. Provides that the Secretary is not required to conduct such pilot program if the provision of such dogs to such veterans is currently authorized. Outlines administrative provisions and requires reports from the Secretary to the veterans' committees concerning such program. Part C: Health-Care Administration - Requires the Assistant Secretary for the Department who is assigned management, productivity, and logistic support functions to be responsible for the functional and technical supervision of the performance of security and law enforcement functions within the Department. Directs the Secretary to report to the veterans' committees concerning certain security and law enforcement matters. Includes health-care facilities in a provision authorizing the sharing of specialized medical resources with medical schools, hospitals, and medical research centers. Revises the authority to share specialized medical resources. Includes coverage of Veterans Health Services and Research Administration personnel under Federal employees' collective bargaining rights and procedures. Revises provisions concerning disciplinary actions and grievances within the Department's Veterans Health Services and Research Administration. Directs the Secretary to establish a task force to recommend policies and legislation for the elimination of inconsistencies among provisions of law relating to veterans' eligibility for certain health-care benefits. Directs the Secretary to review the report submitted by the task force and either approve the recommendations for legislation contained therein or prepare alternative legislative proposals appropriate for the elimination of the inconsistencies identified by the task force. Requires a report from the Secretary to the veterans' committees concerning the recommendation of such legislative proposals.
United States · United States Congress · 25 January 1989
Directs the Secretary of Veterans Affairs to establish and operate up to five Department of Veterans Affairs health-care facilities as centers of mental illness research, education, and clinical activities, taking into account appropriate geographic distribution of such facilities. Precludes the Secretary from designating any health-care facility as a center unless the facility has (or may reasonably be anticipated to develop): (1) an arrangement with an accredited medical school and graduate school of psychology which provides education and training in psychiatry and psychology through regular rotation through such center so as to provide training in the diagnosis and treatment of mental illness; (2) an arrangement under which nurses, social workers, or other allied health personnel receive education and training in mental health care through regular rotation through such facility; (3) the ability to attract the participation of scientists who are capable of ingenuity and creativity in research into the causes, treatment, and prevention of mental illness and into models for furnishing care and treatment to veterans suffering from mental illness; (4) a policymaking advisory committee to advise the directors of such facility and center on policy matters pertaining to the activities of such center; and (5) the capability to conduct effectively evaluations of the activities of such center. Authorizes appropriations. Declares that activities of clinical and scientific investigation at each center shall be eligible to compete for the award of funding from funds appropriated for the Department's medical and prosthetics research account and shall receive priority insofar as funds are awarded to projects for mental illness. Requires the Chief Medical Director to ensure that: (1) research activities carried out through such centers include an appropriate emphasis on the psychosocial dimension of mental illness and on models for furnishing care and treatment to veterans suffering from mental illness; and (2) useful information produced by the centers is disseminated throughout the Veterans' Health Services and Research Administration. Requires the Secretary to submit to the House and Senate Committees on Veterans Affairs an annual report on the activities and effectiveness of the centers.
United States · United States Congress · 25 January 1989
Smart Start: The Community Collaborative for Early Childhood Development Act of 1989 - Directs the Secretary of Education (the Secretary) to make grants to States and localities with approved plans and applications to assist them to expand or establish full-day early childhood development services for prekindergarten children. Authorizes appropriations for FY 1990 through 1994. Sets forth requirements relating to State and local eligibility for Federal assistance under this Act, including establishment or designation of a State Advisory Task Force and a Local Policy Group. Provides for Federal assistance to localities in States which elect not to participate. Prohibits any locality funded under specified provisions from receiving less than $25,000 in total Federal and State funds provided under this Act. Allows any locality to apply for a six-month planning grant to the State or, if the State does not participate, to the Secretary. Provides for State Advisory Task Forces. Requires each Task Force to report annually to the Governor and the Secretary on the status of early childhood development programs and child care programs operating within the States. Allows a State to use an existing comparable task force for such purposes. Directs the Governor to designate a Lead State Agency to administer the early childhood development programs assisted under this Act. Requires any locality desiring to receive a grant under this Act to form a Local Policy Group. Requires each Group to report annually to the State Advisory Task Force on the status of early childhood development programs and child care within the locality. Requires selection of a local administering agency by specified local officials from among specified types of local agencies. Makes a child eligible to participate in programs assisted under this Act in the school year two years prior to the school year in which the child would be eligible under State law to enter first grade. Permits any State or locality which has served all children of the eligible age group requesting services to use funds to serve children in the school year three years prior to the school year in which they would be eligible under State law to enter first grade. Sets forth family contribution requirements. Provides services under this Act without charge to eligible children in families with incomes under 115 percent of the poverty line. Requires, for eligible children from families with incomes at or above 115 percent of the poverty line, payment of fees on a sliding scale up to the full cost of such services. Sets forth minimum standards for service providers, including maximum group size and child to adult ratios, staff training and credentials, parental involvement, and health, safety, and nutrition requirements. Requires Local Policy Groups to: (1) arrange for periodic on-site evaluation of local programs; and (2) report annually to the Task Force. Requires the Task Force to: (1) arrange for periodic on-site monitoring, inspection, and evaluation of programs; and (2) report annually to the Governor and the Secretary. Directs the Secretary, either directly or by grant or contract, to provide for continuing evaluation of programs, especially on the use of nonparticipant control groups. Authorizes the Secretary to require States or localities to provide for independent evaluations. Directs the Secretary to: (1) publish results of evaluations within 90 days of their completion; and (2) submit copies to the appropriate congressional committees. Directs the Secretary to report annually to the appropriate congressional committees.
United States · United States Congress · 25 January 1989
Uniform Poll Closing Act of 1989 - Establishes 10:00 p.m., eastern standard time, as the poll closing time for presidential elections. Allows polling places to close if all eligible voters have voted.
United States · United States Congress · 25 January 1989
Whistleblower Protection Act of 1989 - Separates the Office of Special Counsel from the Merit Systems Protection Board. Empowers the Special Counsel to represent and act as legal counsel on behalf of employees alleging prohibited personnel practices, especially whistleblowers. Revises current law with respect to the Special Counsel to reflect its advocate status. Authorizes the Board to grant protective orders to protect a witness or other individual from harassment either during a proceeding before the Board or during a Special Counsel investigation. Requires the Board, when it considers alternative places for conducting hearings or proceedings, to select the place closest to the location of the individual involved, unless the total administrative costs to the Government in conducting such hearings or proceedings would be less elsewhere. Authorizes the Special Counsel to file a petition to the Board against an official for: (1) engaging in prohibited personnel practices; (2) violating a law within the jurisdiction of the Special Counsel; or (3) failing to comply with an order of the Board. Sets forth procedures for disciplining such officials. Prohibits the Special Counsel from intervening in cases without the employee's consent, except: (1) where the employee is charged with a prohibited personnel practice; or (2) where the Special Counsel allows an agency to take disciplinary action against an employee under Special Counsel investigation. Prohibits the Special Counsel from providing information concerning any person making an allegation of a prohibited personnel practice, except in accordance with applicable law, without the consent of such person. Prescribes procedures for the Special Counsel when disclosures are made by persons other than an employee, former employee, applicant for employment, or employee who obtained information in connection with official duties. Requires the Special Counsel to report annually to the Congress on its activities. Establishes requirements for the Special Counsel to make public certain information, including noncriminal matters. Authorizes employees who have been adversely affected by a prohibited personnel practice to bring an action before the Board (instead of or in addition to taking such action to the Special Counsel). Prohibits reprisals against an employee for disclosing information to the Inspector General of an agency or to the Special Counsel, or for failing to follow orders to disobey a law. Authorizes Federal agencies to give preference in granting transfers to whistleblowers. Provides interim relief for certain appellants to the Board. Authorizes appropriations for the Merit Systems Protection Board for FY 1989 through 1993 and for the Office of Special Counsel for FY 1989 through 1991. Provides that the relevant agency shall be named respondent in employee appeals of Board decisions where the appeal involves the underlying personnel action or a request for attorney fees.
United States · United States Congress · 25 January 1989
Congressional Scholarships for Science, Mathematics, and Engineering Act - Instructs the Director of the National Science Foundation (NSF) to establish and implement a merit-based competitive program for awarding a four-year Congressional Scholarship for Science, Mathematics, and Engineering to one female and one male from each U.S. congressional district. Requires the Director: (1) annually to notify secondary schools and colleges of the program; and (2) to establish nominating committees for each congressional district. Limits each scholarship to $5,000 per year, to be used solely for tuition, fees, and room and board expenses. Requires the NSF Director to ensure that both students and nominating committees are selected on a nondiscriminatory basis. Authorizes appropriations for FY 1989 through 1992.
United States · United States Congress · 25 January 1989
Pay Equity Technical Assistance Act - Directs the Secretary of Labor to develop and implement a continuing program of information dissemination, research, and technical assistance to public and private entities with respect to correction of wage-setting practices, and a reduction or elimination of wage disparities, to the extent that they are based on the sex, race, or national origin of the employee, rather than on the work performed and other appropriate factors.
United States · United States Congress · 25 January 1989
Employee Educational Assistance Act of 1989 - Amends the Internal Revenue Code to make permanent the income tax exclusion of amounts paid under employee educational assistance programs. (Under current law the exclusion expires as of tax year 1989.)
United States · United States Congress · 25 January 1989
Economic Policy Council Act of 1989 - Directs the President to establish the Economic Policy Council in the Office of the President. Requires the Council to advise the President on national and international economic policies and U.S. trade policy in order to more effectively coordinate functions of Federal agencies relating to international trade. Terminates the Trade Policy Committee upon enactment of this Act.
United States · United States Congress · 25 January 1989
Directs the Secretary of Transportation to upgrade the ground segment of the Search and Rescue Satellite Aided Tracking System (SARSAT). Directs the Secretary to establish at least five SARSAT ground stations to provide adequate coverage of the U.S. area of search and rescue for which it has responsibility under the COSPAS-SARSAT program. Directs the Secretary of Commerce, acting through the National Oceanic and Atmospheric Administration, to administer the SARSAT ground stations, in consultation with the Secretaries of Transportation and of Defense. Authorizes appropriations.
United States · United States Congress · 25 January 1989
AIDS Health Services Act of 1989 - Directs the Secretary of Health and Human Services, through the Administrator of the Health Resources and Services Administration, to make grants to eligible consortia for services to people with acquired immune deficiency syndrome (AIDS) or AIDS-related complex (ARC), including inpatient and nursing home care, primary community health and support services, and secondary community support services. Requires that priority be given to the development and availability of primary community health and support services. Requires at least 20 percent of funds made available to be used for the provision of services for members of minority communities. Authorizes appropriations for FY 1990 through 1992. Directs the Secretary to conduct health and mental health services research focused on the delivery of services to individuals infected with the etiologic agent for AIDS, including studies on: (1) service delivery to members of minority communities; (2) the societal distribution of the costs of infection with the etiologic agent; and (3) the most cost-effective ways of providing services. Authorizes appropriations for FY 1990.
United States · United States Congress · 25 January 1989
Constitutional Amendment - Declares that equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex.
United States · United States Congress · 25 January 1989
Constitutional Amendment - Prohibits Federal taxation of the interest derived from State or local government obligations issued to finance governmental activities for public purposes.
United States · United States Congress · 25 January 1989
Expresses the sense of the Senate that: (1) funding for Amtrak should be continued at a level that will enable it to continue to operate a national railway system and to improve its financial performance and service levels; and (2) the Secretary of Transportation and the Administrator of the Federal Railroad Administration should work with Amtrak management to lower Amtrak's dependence on public funding and to assign the highest priority possible to safety.
United States · United States Congress · 25 January 1989
Declares that the Secretary of Transportation should refrain from adopting regulations to implement Essential Air Service reductions for 1989 and from taking action that would result in a reduction in Essential Air Service subsidies, until the Congress has had the opportunity to appropriate supplemental funding for the Essential Air Service Program for FY 1989.
United States · United States Congress · 14 October 1988
Defense Acquisition Improvement Amendments of 1988 - Requires the Under Secretary of Defense for Acquisition to establish an annual program for review, revision, and implementation of regulations affecting the Department of Defense (DOD) acquisition process. Requires the first annual program to commence by February 1, 1989. Directs the Under Secretary to ensure that final regulations on the following matters are prescribed by June 1, 1989: (1) controls over advisory and assistance services acquired by contract; (2) standards and procedures to ensure that audits of DOD contractors' internal operations are complete and independently-conducted; (3) procedures that eliminate duplicative oversight actions and requirements; (4) revised Defense Acquisition Regulation Council procedures to ensure that primary council actions are assigned to employees of the Office of the Under Secretary, that completion dates are specified for such actions, and that the Under Secretary is informed of delays in actions; (5) appropriate coverage of subcontractors under suspension and debarment procedures; (6) requirements for verification of contractors' assertions of a catalog pricing exemption for contracts in excess of $1,000,000 and authority for a price adjustment in such contracts if such assertions are invalid; (7) implementation of revised work measurement standards to improve productivity and efficiency of contractor operations; (8) implementation of revised cost estimating systems; and (9) guidance to ensure that DOD obtains cost data in connection with split-source procurement contracts and that a defective pricing recovery clause is included in such contracts. Declares that the Under Secretary is the principal advisor to the Secretary of Defense on the resource allocation implications of all acquisition programs. Requires the Secretary to prescribe regulations which require each person submitting a bid for a covered contract to certify that no information relating to such bid was obtained from a Federal employee which: (1) was submitted to DOD by an offeror in response to a solicitation for bids for such contract; (2) is marked by the offeror that such information is subject to a privilege against disclosure; (3) is identified by DOD as classified source selection-sensitive or for official use only; or (4) is information the disclosure of which to such person by a Federal employee whould violate a law. Requires the Secretary to prescribe regulations to require such persons to certify that: (1) the prices in such bid were determined independently without consulting with any competitor on matters relating to prices; (2) no attempts to induce other persons to submit or not to submit an offer for purposes of restricting competition have been made; and (3) an accurate description of the internal review for the certification has been attached to such certification. Directs the Secretary to require covered contracts to contain a clause permitting the Secretary to reduce the contract price by the amount of any anticipated profit if: (1) a person is convicted of violating certain provisions of the Federal criminal code in connection with such contract; or (2) the Secretary determines that the competitive information certification submitted in connection with such contract was false, incomplete, or inaccurate. Requires the Secretary, before reducing a contract price, to notify the contractor of the proposed reduction and give the contractor at least 30 days to submit an argument in opposition to such reduction.
United States · United States Congress · 13 October 1988
Directs the Secretary of Energy to enter into an agreement with the State of New Mexico to reimburse it for costs incurred for the construction of certain transportation routes for radioactive waste generated during defense-related activities.
United States · United States Congress · 11 October 1988
Directs the Secretary of Energy to enter into an agreement with the State of New Mexico to reimburse it for costs incurred for the construction of certain transportation routes for radioactive waste generated during defense-related activities.
United States · United States Congress · 11 October 1988
National Health Promotion Act of 1988 - Authorizes the Secretary of Health and Human Services to make grants to pay the Federal share of the cost of health promotion campaigns. Provides for allotment to each State of any sums appropriated. Directs the Secretary to: (1) provide for the collection of data that measure and evaluate the impact of the campaigns; (2) publish an annual report on the activities under this Act; and (3) submit the report to the appropriate committees of the Congress. Sets forth application requirements. Mandates the creation of an Advisory Board by each State. Directs the Secretary to pay to each State with an approved application the Federal share of the cost of the activities described in the application. Sets forth the Federal share for each year of participation. Declares that each State shall be eligible for Federal funding for any three consecutive years of the five-year period during which the Federal program shall operate. Authorizes appropriations for FY 1989 through 1991.
United States · United States Congress · 7 October 1988
Business Incubator Review Act of 1988 - Declares it to be U.S. policy that the Federal Government should encourage the development and operation of business incubators as an economic development tool. Directs the President to create a Business Incubator Review Group, including certain cabinet officers and other appropriate individuals, to review Federal policies and programs relating to business incubators and to report to appropriate congressional committees describing current programs and recommending improvements and changes. Terminates the Group 30 days after submission of the required report. Directs Group members to review business development regulations promulgated by their respective agencies and to take action to assure that business incubators are eligible for relevant grants and loans. Instructs the Secretary of Commerce, through the Clearinghouse for State and Local Initiatives on Productivity, Technology, and Innovation, to study and report to appropriate congressional committees on business incubators, including descriptions of State and local programs. Authorizes appropriations for this undertaking. Amends the Stevenson-Wydler Technology Innovation Act of 1980 to assign to the Clearinghouse for State and Local Initiatives on Productivity, Technology, and Innovation the duty to collect information on Federal programs supporting business incubators and to assist and advise State and local governments with respect to such programs.
United States · United States Congress · 4 October 1988
Amends the Internal Revenue Code with respect to the income tax credit for producing fuel from a nonconventional source, revising special qualifying rules for gas from tight formations to repeal a requirement that the price of such gas be regulated by the United States. Applies this amendment retroactively with respect to taxable years 1985 and thereafter.
United States · United States Congress · 3 October 1988
Omnibus Anti-Substance Abuse Act of 1988 - Title I: Organization - Subtitle A: National Drug Control Program - National Narcotics Leadership Act of 1988 - Establishes within the Executive Office of the President the Office of National Drug Control Policy to prepare a national drug control strategy, to direct and coordinate Federal drug control efforts, and to be headed by a Director of National Drug Control Policy (DNDCP) and two Deputy Directors. Specifies the duties and responsibilities of the heads of executive branch departments and agencies. Authorizes the Director to designate certain areas of the country as high intensity drug areas and to reassign personnel on a temporary basis and provide funds for programs in such areas. Terminates the National Drug Enforcement Policy Board, the National Narcotics Border Interdiction System, and the White House Drug Abuse Policy Office. Authorizes appropriations. Subtitle B: Department of Justice Civil Enforcement Enhancement - Justice Department Organized Crime and Drug Enforcement Enhancement Act of 1988 - Directs the Attorney General to ensure that each component of the Department of Justice (DOJ) having criminal law enforcement responsibilities with respect to the prosecution of organized crime and controlled substances violations attaches a high priority to civil enforcement for such violations. Authorizes appropriations. Title II: Crimes and Penalties and Law Enforcement - Subtitle A: Career Criminals - Sets a mandatory penalty of life imprisonment after two or more prior convictions for a felony drug offense. Subtitle B: Public Corruption - Makes it a felony for a public official to seek or accept (or an individual to offer or promise to give) anything of value in exchange for influence to commit an offense against the United States or any State (or with intent to influence such official). Subtitle C: Importation - Requires the U.S. Sentencing Commission (Commission) to promulgate guidelines providing for specified penalties for the importation by aircraft and other vessels of controlled substances. Subtitle D: Schools and Minors - Directs the Commission to promulgate guidelines providing for specified penalties for controlled substances offenses involving minors. Makes exception to the mandatory minimum penalty for first offenses involving five grams or less of marijuana. Subtitle E: Firearms - Increases penalties for the use of certain weapons in connection with a crime of violence or a drug trafficking crime. Sets penalties for the possession of firearms and dangerous weapons in a Federal facility. Subtitle F: Money Laundering - Sets limitations on civil and criminal forfeitures by domestic financial institutions and by defendants who handled but did not retain the property in the course of a money laundering offense. Establishes penalties for conducting financial transactions involving property represented to be the proceeds of specified unlawful activity with the intent to promote or conceal such activity or to avoid a State or Federal transaction reporting requirement. Amends the Bank Secrecy Act to cover businesses similar to financial institutions. Subtitle G: Juvenile Justice - Authorizes the U.S. attorney to forego prosecution of, and surrender to State authorities, a person under 21 years of age who has been arrested, charged, or is a delinquent unless such surrender is authorized by specified provisions of the Federal criminal code pertaining to delinquency proceedings. Subtitle I: Prisons (SIC) - Increases the maximum penalty for drug offenses within Federal prisons. Directs the Attorney General to study and, if appropriate, submit to the Congress proposed legislation which would require prisoners incarcerated in Federal facilities to pay the costs of confinement. Subtitle J: Drug Testing as a Condition of Probation and Supervised Release - Adds drug testing as a condition of probation and supervised release for specified offenses. Establishes procedures for such testing. Subtitle K: Minor and Technical Criminal Law Act Amendments - Minor and Technical Criminal Law Amendments Act of 1988 - Makes technical and conforming amendments to the Federal criminal code. Increases criminal penalties imposed in cases when a bodily injury results during the commission of the crime of deprivation of rights under color of law. Grants the Associate Attorney General authority to: (1) approve certain civil rights prosecutions; (2) approve prosecutions for flight to avoid service of process; (3) summon special grand juries; (4) request a judicial grant of immunity; and (5) object to the disclosure of classified information under the Classified Information Procedures Act. Grants specially designated Assistant Attorneys General authority to approve certain civil rights prosecutions. Grants the Deputy Assistant Attorney General authority to request judicial grants of immunity. Permits the transmission of information on sports betting from a State where such betting is legal to a foreign country where such betting is legal. Permits prosecutions for certain obstruction of justice offenses: (1) to be brought in the district where the official proceeding was intended to be effected or in the district in which the conduct constituting the alleged offense occurred and (2) where the culpable conduct is "corrupt persuasion." Authorizes governmental access to records concerning electronic communication service or remote computing service through the issuance of a trial subpoena. (Current law provides for such access only through the issuance of an administrative or grand jury subpoena.) Amends the Sentencing Reform Act of 1984 to raise the maximum prison term for class B felonies from 20 to 25 years. Amends the Comprehensive Crime Control Act of 1984 to establish conditions for the temporary release (furlough) of persons hospitalized following an acquittal by reason of insanity. Requires copies of certain periodic reports prepared by directors of psychiatric hospitals concerning persons hospitalized for threatening the President, the Vice President, or certain other persons protected by the Secret Service, to be submitted to the Director of the U.S. Secret Service. Extends the power to conduct certain psychiatric and psychological examinations under the Federal criminal code to all psychologists. (Current law extends such power to psychiatrists and clinical psychologists.) Makes conforming amendments to the Federal Rules of Civil Procedure permitting courts to designate psychologists to conduct mental examinations of parties in civil proceedings. Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to create three additional RICO predicates: (1) murder-for-hire; (2) sexual exploitation of children; and (3) fraud in connection with access devices (i.e., credit cards, electronic banking cards, etc.). Amends the Controlled Substances Act (CSA) to subject all personal property used to facilitate a drug offense to forfeiture. (Currently, only certain types of personal property are subject to forfeiture.) Directs the Attorney General to ensure the equitable transfer of any forfeited property to the appropriate State or local law enforcement agency to reflect the contribution of such agency in the actions which led to the forfeiture. Specifies that a decision by the Attorney General under this authority is not subject to judicial review. Authorizes the U.S. Postal Service to: (1) investigate money laundering offenses where the offenses giving rise to the proceeds to be laundered are within the jurisdiction of the Service; and (2) conduct civil forfeiture proceedings in connection with such offenses. Provides that the Attorney General shall have sole responsibility for disposing of petitions for remission or mitigation with respect to property involved in a judicial forfeiture proceeding and that the authority of the Service shall apply only to property that has been administratively forfeited. Amends the Federal criminal code to authorize Federal Prison Industries, Incorporated (Corporation) to issue its obligations to the Secretary of the Treasury. Authorizes the Secretary to purchase such obligations. Allows the Secretary to: (1) sell such obligations as public debt transactions; and (2) upon the request of the Corporation, invest excess monies from the Prison Industries Fund. Permits Corporation funds to be used to acquire industrial buildings and equipment for corporate operations. Prohibits the use of corporate funds for the construction or acquisition of penal or correctional institutions or camps. Requires the board of directors of the Corporation to include in its annual report to the Congress: (1) a statement of the amount of obligations issued during the fiscal year; and (2) an estimate of the amount of obligations that will be issued in the following fiscal year. Requires the board of directors to employ the greatest possible number of inmates in U.S. penal institutions who are eligible to work. Directs the Corporation to: (1) produce products on an economic basis, but avoid capturing a reasonable share of the market among Federal departments; (2) concentrate on providing to the Federal Government only those products which permit employment of the greatest number of inmates; and (3) diversify products so that sales are broadly distributed among industries. Requires any decision to produce a new product or expand production significantly to be made by the board of directors. Directs the Corporation, before such decision is made, to prepare a written analysis of the plan's impact on industry and free labor. Requires the Corporation to provide notice of such plans to potentially affected private vendors or trade associations, allowing such parties to submit comments. Directs the Corporation to provide to the board of directors the analysis, comments, and recommendations for action. Requires the Corporation to publish the final decision of the board of directors and, after each six-month period, a list of sales by the Corporation. Amends the CSA and the Controlled Substances Import and Export Act to provide that all the penalties applicable to an underlying drug offense also apply to an attempt or conspiracy to commit such offense. Specifies that a provision providing for the forfeiture of property found within the United States that is derived from drug offenses that occur overseas applies to both real and personal property and to property derived from or traceable to the proceeds of an offense, as well as the proceeds themselves. Provides a mandatory minimum penalty for trafficking in a substantial quantity of methamphetamine and salts and isomers thereof. Subjects to a fine and imprisonment anyone who conducts a financial transaction involving the proceeds of criminal activity with intent to violate the tax laws. Establishes a misdemeanor penalty in connection with the criminal escape of a person being detained for the purpose of exclusion or deportation under the immigration laws. Authorizes the Federal Bureau of Investigation (FBI) to investigate killings of State or local law enforcement officers upon the request of the head of the agency employing such an officer. Increases the maximum prison term in connection with specified crimes of sexual abuse, murder for hire, involuntary manslaughter, attempted murder, being an accessory after the fact, and certain types of racketeering offenses. Increases the penalty for possessing an explosive in a Federal building. Expands such offenses to include airports that are subject to the regulatory authority of the Federal Aviation Administration (FAA) even though not owned by, or leased to, the United States. Amends the Interstate Agreement on Detainers Act to revise provisions applicable to transfers involving the United States when it obtains custody of a State prisoner on Federal charges. Revises the Federal Rules of Criminal Procedure to require a Federal district court to advise a defendant concerning the effects of supervised release terms on the possible penalty before the court accepts a plea of guilty or nolo contendere. Permits the United States to bring an action to enjoin various types of fraud against the Government. Imposes criminal penalties for obstructing Federal audits and for using the term "Secret Service" without authorization. Amends Federal criminal code provisions governing the time for refiling an indictment or information after it is dismissed because it was found to be defective. Amends the Speedy Trial Act of 1974 to extend or restart the 70-day trial "clock" when the defendant absconds on the eve of trial. (Present law suspends such period during the time that the defendant is a fugitive). Authorizes the Government to refund bail which has been erroneously forfeited. Provides that special assessments shall not be imposed for any offense for which local rules or other Federal law allow a defendant to post collateral in lieu of appearance in court. Authorizes a court to impose conditions alternative to fines, restitution, or community service as conditions of probation for felons. Authorizes a judge or magistrate of the District of Columbia to issue an arrest warrant for a foreign fugitive whose location is unknown. Revises the definition of "petty offense" for purposes of the Federal criminal code, the Rules of Procedure for the Trial of Misdemeanors before United States Magistrates, and the Federal Rules of Criminal Procedure. Imposes criminal penalties on persons who mail locksmithing devices. Amends the Assimilative Crimes Act (which authorizes Federal judges to apply State criminal statutes for acts or omissions taking place within a State but on a Federal enclave) to define the various State-enacted sanctions as "punishments" in cases of driving under the influence of drugs or alcohol (thus allowing the imposition of non-jail term sanctions). Provides that refusal to consent to a chemical test following arrest for driving under the influcence on a Federal enclave would result in suspension of driving privileges for one year and would be admissible as evidence in court. Amends provisions with respect to the setting of bail pending appeal. Authorizes the emergency installation of pen registers and trap and trace devices under specified circumstances. Subtitle L: Sentencing Amendments - Amends the Sentencing Act of 1987 to require that the Attorney General assign to the United States Parole Commission for supervision any offender on parole from a foreign country who is transferred to the United States. Requires such offender to serve a term of imprisonment applicable under U.S. sentencing guidelines and to serve any remainder of the term imposed by the foreign country under release supervised by the appropriate district court. Amends the Federal criminal code with respect to the standard of appellate review of sentences. Authorizes the United States Sentencing Commission to: (1) retain private attorneys to advise it; and (2) grant incentive awards to its employees. Requires a court to consider the need to protect the public from future crimes of a defendant when terminating or modifying conditions of supervised release. Amends the Federal Rules of Appellate Procedure with respect to the time for filing a notice of appeal of a sentence. Subtitle M: Miscellaneous - Authorizes the Attorney General to waive immigrant admission requirements with respect to an alien and his immediate family for furnishing specified information to authorities or cooperating with Federal authorities as a witness. Establishes procedures for notice of a defense based upon the defendant's actual or believed exercise of public authority on behalf of a law enforcement or Federal intelligence agency. Establishes: (1) a U.S. Marshals Service within DOJ; and (2) a National Advisory Commission on Law Enforcement within the legislative branch. Subtitle N: State and Local Narcotics Control and Justice Assistance Improvements - Chapter 1: State and Local Narcotics Control and Justice Assistance Improvements - Establishes within DOJ a Bureau of Justice Assistance (BJA). Sets up a drug control and system improvement grant program. Authorizes appropriations. Chapter 2: Juvenile Justice and Delinquency Prevention Programs - Provides for grants for prevention and treatment programs relating to juvenile gangs, drug abuse, and drug trafficking. Authorizes appropriations. Provides for the confidentiality of program records. Chapter 3: Runaway and Homeless Youth - Reauthorizes the Runaway and Homeless Youth Act. Authorizes: (1) a transitional living grant program to promote a transition to self-sufficient living and to prevent long-term dependency on social services; and (2) grants for runaway and homeless youth centers. Chapter 4: Missing Children's Assistance Act - Reauthorizes the Missing Children's Assistance Act. Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to require that certain grants or contracts be made by a competitive process. Chapter 5: Family Violence Prevention Act of 1988 - Family Violence Prevention Act of 1988 - Provides for family violence reporting and a national survey of the extent of domestic violence in America. Authorizes appropriations. Chapter 6: Regional Information Sharing Systems Grants - Authorizes the Director of BJA to make grants and enter into contracts for the purpose of identifying, targeting, and removing criminal activities spanning jurisdictional boundaries. Chapter 7: Public Safety Officers' Death Benefits Improvement - Increases the basic level of death benefits payable to beneficiaries of a public safety officer. Authorizes and directs the use of appropriations to establish national programs to assist the families of public safety officers who die in the line of duty. Chapter 8: Criminal History Record, Arrest Warrant, and Stolen Vehicle Record Information Improvement - Criminal History Record Information Improvement Act of 1988 - Provides for grants to improve criminal history record, arrest warrant, and stolen vehicle record information. Chapter 9: College and Railroad Police Information - Makes railroad, private college, and university police departments subject to Federal provisions relating to the acquisition, preservation, and exchange of criminal and related records. Chapter 10: Assistance to State and Local Courts - Amends the State Justice Institute Act of 1984 to reauthorize the State Justice Institute. Chapter 11: Victim Compensation and Assistance - Subchapter A: Victims of Crime Act of 1984 Reauthorization - Reauthorizes the Victims of Crime Act of 1984 (VCA). Amends such Act to make funds available to previously underserved victims populations. Subchapter B: Establishment of Office for Victims of Crime - Establishes within DOJ an Office for Victims of Crime. Specifies the duties of the Director. Amends the VCA to provide authority for grants to the States for the handling, investigations, and prosecution of cases of child abuse, particularly sexual abuse. Specifies eligibility requirements for States to qualify for such assistance. Provides for: (1) the establishment or designation of a State multidisciplinary task force on children's justice; (2) the adoption of State task force recommendations; and (3) grants for Native American Indian tribes to improve the handling, investigation, and prosecution of child abuse cases. Subchapter C: Other Amendments to Victims of Crime Act of 1984 - Amends the VCA to: (1) add victims of drunk driving and domestic violence to those eligible for compensation under such Act; and (2) provide compensation to victims of Federal crimes occurring within the State on the same basis that such program provides compensation to victims of State crimes. Subtitle O: Chemical Diversion and Trafficking Act of 1988 - Chemical Diversion and Trafficking Act of 1988 - Amends the Controlled Substances Act (CSA) to establish recordkeeping and reporting requirements for persons who engage in specified regulated transactions with respect to a listed precursor or essential chemical, a tableting machine, or an encapsulating machine. Makes it the responsibility of each regulated person who engages in such a transaction to identify each other party to the transaction. Directs the Attorney General to specify by regulation the types of documents or other evidence that constitute proof of identity. Requires each regulated person to report specified transactions to the Attorney General. Sets forth provisions with respect to the confidentiality of records. Amends the Controlled Substances Import and Export Act to require importers and exporters of listed chemicals to notify the Attorney General of importations or exportations within 15 days before the transaction in question. Provides for exceptions with respect to transactions with regular business customers of the regulated person. Authorizes the Attorney General to order the suspension of a transaction. Requires written notice justifying such an order. Entitles the affected regulated person to a hearing, if requested. Establishes criminal penalties for persons who knowingly or intentionally import or export a listed chemical with intent to manufacture a controlled substance or with reasonable cause to believe that the chemical will be used for such a purpose. Applies civil penalties to persons who fail to meet notification requirements, unless the failure is intentional, in which case criminal penalties apply. Lists the precursor chemicals and essential chemicals regulated under this Act. Describes transactions exempted from reporting and recordkeeping requirements, including certain lawful distributions in the usual course of business between agents or employees of a single regulated person and transactions involving listed chemicals contained in a drug lawfully marketable under the Federal Food, Drug, and Cosmetic Act. Amends the CSA to apply criminal penalties to persons who knowingly or intentionally: (1) possess a listed chemical with intent to manufacture a controlled substance; (2) possess or distribute a chemical having reasonable cause to believe that it will be used for such a purpose; (3) receive or distribute reportable amounts of chemicals in de minimis amounts so as to evade reporting and recordkeeping requirements; (4) distribute a listed chemical unlawfully; or (5) possess listed chemicals with knowledge that recordkeeping or reporting requirements have not been met and fail to remedy the violation. Authorizes as an additional penalty an injunction preventing any person convicted of a felony violation of controlled substances laws regarding listed chemicals from engaging in any regulated transaction involving a listed chemical for up to ten years. Amends sections of the Controlled Substances Act that describe prohibited acts and penalties to account expressly for new violations instituted in this subtitle. Grants the Attorney General subpoena power with respect to precursor and essential chemicals. Subjects all listed precursor and essential chemicals, drug manufacturing equipment, tableting and encapsulating machines, and gelatin capsules which have been imported, exported, manufactured, possessed, or distributed in violations of such Act (as well as all conveyances and equipment) to forfeiture to the United States. Subtitle P: Application of United States Immigration Laws and Deportation of Aliens Committing Aggravated Felonies - Violent Criminal Alien Deportation Act - Amends the Immigration and Nationality Act to prohibit the release from custody or conditional parole of any alien arrested pending a determination of whether such alien is deportable for having been convicted of an aggravated felony. Sets forth criminal penalties for: (1) reentry of certain deported aliens; (2) aiding or assisting certain aliens to enter the United States; and (3) refusal of certain aliens to appear and testify after being subpoenaed. Provides for special deportation proceedings and expedited procedures for the deportation of aliens convicted of aggravated felonies. Bars reentry of such aliens for ten years. Provides for forfeiture of instrumentalities used in bringing in and harboring certain aliens. Subtitle Q: Forfeiture and Customs - Chapter 1: Department of Justice Assets Forfeiture Fund - Establishes within the U.S. Treasury the Department of Justice Assets Forfeiture Fund for: (1) the payment of expenses necessary to seize, maintain, or sell property under seizure, detention, or forfeiture; (2) the payment of awards for information or assistance leading to a civil or criminal forfeiture; or (3) related purposes. Sets forth reporting requirements by the Attorney General to the Congress concerning property seized. Chapter 2: Customs Forfeiture Fund - Establishes within the Treasury the Customs Forfeiture Fund for: (1) the payment of expenses of seizures; (2) awards of compensation to informers; (3) satisfaction of liens and claims of parties in interest to property disposed of under the Tariff Act of 1930 (Tariff Act); and (4) related purposes. Makes available the proceeds of such seizures by the U.S. Coast Guard to the Coast Guard for specified purposes. Requires the Commissioner of Customs to submit annual reports to the Congress. Authorizes appropriations. Chapter 4: Miscellaneous Forfeiture Provisions (SIC) - Amends the CSA to provide for the transfer by the Attorney General of forfeited personal property or the proceeds of the sale of such property. Requires the Attorney General to prescribe regulations for expedited administrative procedures for property seizures for violations involving the possession of personal use quantities of a controlled substance that provide for the immediate return of the property if the owner or interested party did not know of, or consent to, the violation and took reasonable steps to prevent the illegal use of the property. Sets forth provisions relating to: (1) the obtaining of warrants; (2) the powers of U.S. postal personnel to serve warrants and subpoenas, make arrests and seizures, and carry firearms; and (3) the transfer of foreign property by the Treasury. Chapter 5: Administrative Forfeiture - Increases the value of seized vessels or merchandise which requires written and published notice of seizure and forfeiture under the Tariff Act. Subtitle R: United States Magistrates and Court Reforms - Authorizes any U.S. magistrate to: (1) accept a guilty plea for any offense against the United States; and (2) enter a sentence for a misdemeanor or infraction with the consent of the parties involved. Provides for the designation of certain days in which the courts within a circuit shall conduct only proceedings relating to drug offenses. Subtitle S: Military Institutions - Makes the Bureau of Prisons responsible for: (1) administering the confinement facilities located on military installations; and (2) establishing and regulating drug treatment programs and establishing and managing work programs for inmates held in such facilities. Subtitle T: Customs Enforcement Amendments - Amends the Tariff Act to require the pilot of any aircraft, prior to departing the United States, to comply with advance notification and reporting requirements. Sets penalties for violation of such provision. Grants the same force and effect to a declaration of forfeiture by the appropriate customs officer of a vessel, a vehicle, aircraft, merchandise, or baggage as a final decree and order in a judicial forfeiture proceeding. Subjects persons convicted of specified criminal offenses to fines for the reasonable costs of the investigation and prosecution of the offense, unless the court determines that the defendant lacks the ability to pay. Authorizes the Secretary of the Treasury to administer oaths, subpoena witnesses, take evidence, and compel the production of records in the course of investigating the enforcement of any law that prohibits the importation or exportation of any merchandise. Establishes procedures regarding claims for, and judicial condemnation of, seized vessels or merchandise, forfeiture proceedings, and summary sales of such vessels or merchandise. Amends the Federal Aviation Act of 1958 (Aviation Act) to subject violators to: (1) a civil penalty for failure to report a transfer of ownership of an interest in any aircraft for which a certificate of registration has been issued under such Act; and (2) to seizure and forfeiture in the case of materially false statements or omissions. Subtitle U: Authorization of Additional Appropriations for Drug Enforcement and Interdiction - Chapter 1: Authorization of Additional Appropriations for Drug Enforcement Personnel, Fiscal Year 1989 - Authorizes appropriations for salaries and expenses for the Immigration and Naturalization Service (INS) for FY 1989. Earmarks a specified sum to increase the number of INS inspectors. Authorizes appropriations to the INS for FY 1989 for the Organized Crime Drug Enforcement Task Forces, for additional special agent and support positions, training and equipment, and operations. Specifies that such positions, under the supervision of a director for the pilot project, shall be used exclusively to assist in combatting illegal alien involvement in drug trafficking and crimes of violence. Spells out the authority and responsibility of the director. Requires the Attorney General to set up a pilot program in four cities to establish or improve the capabilities of the local offices of the INS and local law enforcement agencies to respond to inquiries concerning aliens arrested or convicted for, or subject to criminal investigation relating to, a violation of any law relating to controlled substances. Authorizes appropriations for FY 1989 for: (1) salaries, expenses, and increased personnel for the Bureau of Alcohol, Tobacco, and Firearms, the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the U.S. Marshalls Service, U.S. Attorney, and the Federal Judiciary; (2) support of United States prisoners in non-Federal institutions; and (3) the Federal Prison System. Chapter 2: Drug Interdiction Asset and Personnel Enhancement - National Drug Interdiction Asset and Personnel Enhancement Act of 1988 - Subchapter A: Coast Guard - Authorizes appropriations to the Coast Guard for FY 1989 for acquisition, construction, improvement, and operating expenses (including personnel). Subchapter B: United States Customs Service - Authorizes appropriations to the U.S. Customs Service for FY 1989 for the air interdiction program and salaries and expenses of the Service (including increasing the number of Customs inspectors). Subchapter C: Drug Enforcement Administration - Authorizes appropriations for salaries and expenses of DEA for FY 1989. Subchapter D: Immigration and Naturalization Service/Border Patrol - Authorizes appropriations for FY 1989 for the border patrol within DOJ, for increased equipment and personnel, for design improvements for the border patrol station of San Clemente, California, and to establish an INS drug education officers program. Subchapter E: Research and Development Programs to Assist Federal Enforcement Agencies - Provides for the use of existing Federal research and development facilities for civilian law enforcement. Authorizes appropriations to the Customs Service for FY 1989 for cargo container drug detection research and development. Directs the Commissioner of Customs to report his findings to the appropriate congressional committees. Subchapter F: Drug Enforcement Training Improvement - Authorizes appropriations for FY 1989 for the Federal Law Enforcement Training Center for expanded training, salaries, and expenses. Directs the Secretary of the Treasury to report to the appropriate congressional committees. Authorizes the Department of Defense, Department of State, DEA, Customs Service, and INS to provide foreign language training to special agent personnel. Authorizes appropriations. Subchapter G: United States-Bahamas Drug Interdiction Task Force - Authorizes appropriations for salaries and expenses of DEA for FY 1989 for the U.S.-Bahamas Drug Interdiction Task Force. Subchapter H: Standards of Care in Discovering Contraband - Directs the Secretary of the Treasury to: (1) prescribe regulations for discovering whether controlled substances imported into the United States are aboard a conveyance; and (2) issue controlled substances regulations for a two-year demonstration program to prevent air carrier smuggling. Subchapter I: Interpol-United States National Central Bureau - Authorizes appropriations for the U.S. National Central Bureau for FY 1989, including increases in personnel. Subchapter J: Civil Air Patrol - Directs the Secretary of the Air Force to: (1) issue regulations to ensure that the Civil Air Patrol plays an integral role in drug interdiction and eradiction activities; and (2) submit quarterly reports to specified congressional committees regarding such activities. Title III: Prevention, Education, and Treatment - Subtitle A: Alcohol and Drug Abuse and Mental Health Services Block Grants - Comprehensive Alcohol Abuse, Drug Abuse, and Mental Health Amendments Act of 1988 - Amends title XIX (Block Grants) of the Public Health Service Act to authorize appropriations for FY 1988 through 1991 for block grant allotments to States for prevention, treatment, and rehabilitation projects with respect to alcohol and drug abuse and for mental health services. Changes the formula for determining the amount by which State allotments shall be reduced for failure to implement a State comprehensive mental health services plan. Sets forth requirements regarding a report by the Comptroller General of the General Accounting Office with respect to plan implementations. Authorizes the Secretary of Health and Human Services (Secretary) to use not to exceed one percent of the amounts appropriated for the allotments in each of FY 1988 through 1991 to conduct evaluations and prepare reports concerning the effectiveness of the block grant programs. Revises the formula for determination and distribution of the allotments. Sets forth requirements for allotment applications, including requirements that the chief executive officer of each State certify: (1) that the funds will be used for comprehensive mental health services and community mental health centers; (2) that the State will establish reasonable evaluation criteria; (3) the specific purposes for which the funds will be used; (4) that the State will use the funds for specified alcohol and drug abuse activities; (5) that the State will use certain funds to provide new mental health services and programs; and (6) other matters. Requires States, in order to receive allotment payments, to agree to coordinate among mental health services institutions the establishment of a State comprehensive community mental health system. Requires the chief executive officer of a State to establish a State mental health services planning council. Directs the Secretary to report annually to specified committees of the Congress regarding the new State mental health services. Amends title V of the Public Health Service Act to require the Secretary to collect data on mental health and on alcohol and drug abuse treatment. Directs the Secretary to report to specified congressional committees every two years on drug and alcohol and mental health services. Directs the Secretary, through the Director of the National Institute of Mental Health, to develop a model plan for a community-based system of care for seriously mentally ill individuals. Authorizes appropriations and makes allotments to States based on population and need. Sets forth procedures for applications by the States, reporting, and evaluation. Specifies appropriate and prohibited uses of such funds. Provides for training, technical assistance, and data collection. Subtitle B: National Institutes of Alcohol, Drug Abuse, and Mental Health - Establishes an Office for Substance Abuse Prevention within the Alcohol, Drug Abuse, and Mental Health Administration. Specifies the duties and authority of the Administrator of such agency. Renames the Administration the National Institutes of Alcohol, Drug Abuse, and Mental Health. Directs the Secretary to make grants to States, political subdivisions, and nonprofit entities for specified types of mental health services demonstration projects, subject to certain restrictions. Authorizes appropriations for FY 1988-90 for specified projects. Directs the Administrator to establish and implement a public information program of fetal alcohol syndrome and to report to specified congressional committees. Authorizes appropriations for FY 1988-91 for the National Institute on Alcohol Abuse and Alcoholism. Authorizes appropriations for FY 1989-91 for the National Institute on Drug Abuse (NIDA). Provides for the dissemination of drug treatment information and for the evaluation of the Veterans Administration's inpatient and outpatient drug and alcohol treatment programs. Requires the Director of NIDA to conduct annual surveys of households and high school seniors nationwide. Directs the Secretary to establish demonstration projects providing grants to States to provide treatment and referrals to individuals who abuse drugs. Sets forth provisions governing procedures for awarding grants, criteria for such awards, applications, and preferences to projects demonstrating a comprehensive approach to the problem. Requires, as a condition of awarding grants, a systematic evaluation of the projects funded. Authorizes appropriations for FY 1989-93. Directs the Secretary to develop and maintain an ongoing program of research and evaluation of alcohol and drug abuse treatment programs to determine the most effective treatment methods and to assess the comparative efficacy and cost-effectiveness of different methods. Directs the Secretary to: (1) make grants to States for community youth activity programs, giving priority to projects such as those seeking to reinvolve dropouts in educational programs and providing outreach to individuals at high risk of substance abuse; and (2) develop and conduct a structural evaluation of the different approaches utilized across the nation to reduce substance abuse. Subtitle C: Institute of Medicine - Directs the Secretary to: (1) conduct a study concerning the appropriate treatment, rehabilitation, and continuing use of persons suffering from severe and disabling mental illnesses; and (2) report to specified congressional committees on the results of such study. Authorizes appropriations. Subtitle D: Alternative Utilization of Military Facilities - Requires the Director of NIDA to: (1) coordinate with the agencies represented on the Commission on Alternative Utilization of Military Facilities the utilization of military facilities that could house nonviolent persons for drug treatment purposes; (2) notify State agencies responsible for the oversight of drug abuse treatment programs of the availability of space at such installations; and (3) assist such agencies in developing methods for adapting such installations into residential treatment centers. Sets forth the duties of such State agencies. Allows the Director to reserve space at such facilities to conduct research or demonstration projects. Amends the Federal Property and Administrative Procedures Act of 1979 to allow surplus property under the control of an executive agency to be donated for drug abuse treatment centers. Subtitle E: Acquired Immunodeficiency Syndrome Block Grants - Amends the PHSA to authorize appropriations to make grants to public and nonprofit private entities for programs seeking to reduce the transmission of the acquired immunodeficiency virus in and by users of illegal intravenous drugs. Specifies: (1) allotments of funds appropriated to the States and U.S. territories; (2) information and assurances required concerning the implementation of programs; and (3) appropriate uses of allotments and unexpended sums. Subtitle F: Miscellaneous - Provides for the: (1) establishment of the Office of Associate Director for Special Populations to develop and coordinate prevention, treatment, research, and administrative policies and programs to assure increased emphasis on the needs of women and minorities for the prevention and treatment of alcoholism, alcohol abuse, and related problems; and (2) development of a model insurance benefit plan to be considered for adoption by the Administrator of the Office of Personnel Management and the Congress, including a consideration of the costs and benefits of alternative coverage designs. Requires the Secretary to submit a report containing recommendations concerning the latter to the appropriate congressional committees and to make such report available to members of the insurance industry and business community. Authorizes appropriations for FY 1989 for National Research Service Awards. Authorizes the Secretary to make funds available for the training of personnel to treat substance abuse. Authorizes appropriations for FY 1989. Establishes drug testing certification program requirements. Directs the Secretary of Labor to make funds available to enable employers to develop employee drug and alcohol abuse assistance programs. Authorizes appropriations. Amends the Domestic Volunteer Service Act to authorize appropriations for FY 1989-91. Requires the Secretary to: (1) report to specified congressional committees concerning the range of treatment programs for drug abuse utilized with funds provided under the PHSA and other such programs utilized by State and local governments and private organizations; and (2) identify those programs that demonstrate effective treatment for drug abuse. Amends the PHSA to grant the Public Helath Service authority to enter into certain lease-purchase contracts for the acquisition by lease of buildings and facilities needed to carry out its mission. Subtitle G: Drug Education - Drug-Free Schools Amendments of 1988 - Amends the Drug Free Schools and Communities Act of 1986 to increase appropriations authorized for FY 1989-93. Authorizes State regional drug and alcohol abuse education and prevention centers. Grants priority for the use of funds to training activities concerning drug abuse education and prevention for individuals such as teachers, counselors, parents, and community leaders. Includes within the definition of "high risk youth" individuals who have experienced chronic failure in school. Revises requirements for State applications to include: (1) a detailed comprehensive plan describing how money allocated to the chief executive officer is to be used; and (2) a description of any applicable State teacher certification requirements regarding training in drug and alcohol abuse education and prevention, including a description of the extent to which substance abuse education and prevention is included in teacher training curricula in the State. Authorizes the use of local drug abuse education and prevention program funds for: (1) outreach activities, abuse prevention programs, and referral services for school dropouts; and (2) counseling programs and referral services for parents and siblings of drug and alcohol abusers. Requires State and local reports to be submitted biennially to the Secretary of Education and the appropriate State educational agency, respectively, containing information on the conduct and progress of such programs. Directs such Secretary to make grants to State and local educational agencies and institutions of higher education for teacher training programs. Sets forth application procedures. Authorizes appropriations for FY 1989-93. Directs such Secretary to: (1) conduct an independent evaluation of a representative sample of programs assisted under this subtitle and identify successful projects which may be replicated by other local education agencies throughout the country, and transmit an interim and final report concerning the results of such evaluation; (2) develop model criteria and forms for the collection of data and information with respect to programs under this subtitle, and to disseminate such criteria and forms to regional centers as a resource to States and local educational programs; and (3) provide for the development and dissemination of early childhood education drug abuse prevention curriculum materials and reserve a specified sum for such purpose. Subtitle H: Effective Date - Sets forth the effective date of this title. Title IV: International Narcotics Control and Assistance to Foreign Countries - Subtitle A: Authorization of Appropriations; Allocation of Funds - Amends the Foreign Assistance Act of 1961 (FAA) to authorize appropriations for FY 1989 for international narcotic control activities, multilateral and regional drug abuse control programs, and the development and implementation of a machine-readable document border security program. Directs the Assistant Secretary of State for International Narcotics Matters to give greater attention to those countries which are drug-transit countries but not major drug-transit countries, and which are cooperating fully with the United States in its international narcotics control efforts. Earmarks appropriations for narcotics control assistance to such countries. Amends the State Department Basic Authorities Act of 1956 (SDBAA) to provide additional funds for rewards for information relating to international terrorism. Provides for the reallocation of funds withheld from countries which failed to take adequate steps to halt illicit drug production or trafficking. Earmarks funds for FY 1989 for: (1) education and training of, and the expenses of deploying, training teams in foreign countries for narcotics control purposes; and (2) procurement of weapons to defend aircraft involved in narcotics control efforts. Sets forth congressional notification requirements. Subtitle B: Restriction on Foreign Assistance and Trade Benefits - Revises certification procedures for drug producing and drug-transit countries under the Trade Act of 1974 and the FAA to take into account actions by foreign governments to stem the flow of illicit drugs into the United States. Authorizes assistance under the FAA for narcotics education and awareness activities. Subtitle C: Reporting Requirements - Subjects any transfer by the Government to a foreign country for narcotics control purposes of any property seized by, or otherwise forfeited to, the Government in connection with narcotics-related criminal activity to the regular reprogramming procedures under the FAA. Requires the President to submit a report to the Congress of all such transfers during that fiscal year. Requires the President to submit annual reports to the Congress describing: (1) the assistance provided, or to be provided, to certain countries by the DEA, Customs Service, and Coast Guard; and (2) U.S. assistance for the previous fiscal year which was denied and the identities of officials whose activities caused such government to be evaluated. Requires specified determinations by the President to be expressed in numerical terms of maximum achievable reductions in illicit drug production. Requires the President to include in the first report required under the FAA what, if any, incentives may be appropriately provided to encourage each country's further cooperation. Provides for additional notification and reporting requirements on drug producing and drug-transit countries. Subtitle D: Latin American Anti-Drug Strike Force - Requires the President to direct the U.S. Ambassador to the Organization of American States (OAS) to initiate discussions with OAS members aimed at securing agreement on the formation of a multinational strike force to conduct operations against international illegal drug smuggling organizations in the Western Hemisphere. Directs the Secretary of State to report to specified congressional committees on progress toward achieving establishment of such strike force. Provides for the submissions to the Congress of a supplemental budget request for FY 1989 and 1990 covering the U.S. share of its operation, if progress is made or an agreement reached. Subtitle E: Miscellaneous Provisions - Urges: (1) the Secretary of the Treasury to negotiate with finance ministers of foreign countries to establish an international currency control agency; and (2) the United States to seek to curb international money laundering on the domestic front. Expresses the sense of the Congress that the President should: (1) convene an International Conference on Combatting Illegal Drug Production, Trafficking, and Use in the Western Hemisphere; and (2) call for negotiations on the establishment of an international drug force to pursue and apprehend major international drug traffickers. Directs the President to conduct a review of U.S. reliance on narcotics raw material from foreign sources. Places restrictions on presidential certifications under the FAA with respect to any major drug producing or drug-transit country which is also a producer of licit narcotics and raw materials. Title V: User Accountability - Subtitle A: Opposition to Legalization and Public Awareness - Expresses the sense of the Congress opposing legalization of illicit drugs. Requires the Drug Control Director to develop a public awareness campaign pertaining to penalties for the use or possession of illegal drugs. Subtitle B: National Commission on Drug-Free Schools - Establishes a National Commission on Drug-Free Schools. Specifies the composition, duties, compensation of members, and powers of the Commission. Requires the Commission to report its findings and recommendations to the President and the Congress. Authorizes appropriations. Subtitle C: Preventing Drug Abuse in Public Housing - Chapter 1: Regulatory and Enforcement Provisions - Amends the United States Housing Act of 1937 (Housing Act) to permit the termination of a tenancy in public housing where any member of the tenant's household, guest, or a person under the tenant's control engages in specified criminal activity. Authorizes a public housing agency to hire investigators of drug crimes. Requires the Secretary of Housing and Urban Development (HUD) to: (1) conduct a study of the extent to which security activities in public housing projects are funded under the Performance Funding System; and (2) transmit to the Congress a report on such study. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize grants under the BJA block grant program to address the problems of drug trafficking and the manufacture of controlled substances in public housing. Includes a leasehold interest in property as subject to forfeiture under the CSA. Chapter 2: Public Housing Drug Elimination Pilot Program - Public Housing Drug Elimination Act of 1988 - Authorizes the Secretary of HUD to make grants to public housing agencies to eliminate drug-related crime in public housing projects. Includes among the authorized uses of such funds: (1) employment of security personnel; (2) reimbursement of local law enforcement agencies for additional protective services; and (3) security-enhancing physical improvements. Requires such Secretary to report to the Congress on the success of the program. Authorizes FY 1989 appropriations. Chapter 3: Report on Impact of Public Housing Lease and Grievance Regulation on the Ability of PHAS to Take Action Against Tenants Engaging in Criminal Activity - Directs the Secretary of HUD to submit to the Congress a report on the impact of the implementation of specified provisions of the Housing Act on the ability of public housing agencies to evict or take other appropriate action against tenants engaging in criminal activity. Subtitle D: Drug-Free Workplace Act of 1988 - Drug-Free Workplace Act of 1988 - Sets forth drug-free workplace requirements for Federal grantees and contractors. Sets forth grounds for suspension, termination, or debarment of grantees or contractors who have violated such requirements. Sets forth rules for such proceedings and the effect of such debarment. Requires grantees or contractors, within 30 days after receiving notice from an employee of a conviction for a drug law violation in the workplace, to: (1) take appropriate personnel action against such employee up to and including termination; or (2) require such employee to participate satisfactorily in an approved drug rehabilitation program. Provides for waiver of the requirements of this Act in the interest of the Federal Government or the general public. Sets forth the authority of boards of contract appeals under this Act. Subtitle E: Transportation Industry Alcohol and Controlled Substances Testing Program - Amends the Aviation Act to establish an alcohol and controlled substances testing program for air carriers and Federal Aviation Administration employees in safety-sensitive positions. Prohibits continued service by individuals in such positions following use of alcohol or a controlled substance without lawful authorization. Directs each air carrier to establish and maintain a rehabilitation program providing for the identification, and opportunity for treatment, of employees and Federal Aviation Administration employees in safety-sensitive positions. Provides for the establishment of procedures for testing, including the setting of standards for testing and confirmation of results. Specifies the relationship between this and other laws and regulations. Amends: (1) the Federal Railroad Safety Act of 1970 to provide analogous treatment for the railroad industry; and (2) the Commercial Motor Vehicle Safety Act of 1986 to set up a pilot program for the random testing of commercial motor vehicles to determine illicit alcohol or drug use. Requires the Secretary of Transportation to: (1) establish a program of testing and screening of urban mass transportation employees in safety-sensitive positions upon a reasonable suspicion of illicit alcohol or drug use; and (2) promulgate regulations, including requirements for a rehabilitation program for such employees. Subtitle F: Federal Privileges and Benefits - Requires the DNDCP to submit to the Congress a list of Federal privileges, benefits, grants, and loans which, if withheld from individuals convicted of a Federal or State drug offense, would significantly deter the use of illegal drugs in the United States. Subtitle G: Restrictions on Passports for Violators of Controlled Substance Laws and Other Laws - Amends the SDBAA to place restrictions on passports for violators of controlled substance laws. Subtitle H: Authorization of Appropriations for President's Media Commission on Alcohol and Drug Abuse Prevention - Authorizes appropriations for the President's Media Commission on Alcohol and Drug Abuse Prevention for FY 1989-91. Title VI: Sense of the Congress on Drug Funding - Expresses the sense of the Congress with respect to the funding of authorizations in this Act, the handling of subsequent obligations that might arise, and the raising of additional funds from an Internal Revenue Service enforcement and collection initiative and increased receipts arising out of the assets forfeiture fund. Title VII: Death Penalty for Drug-Related Killings - Amends the CSA to establish criteria for the imposition of the death penalty where any person: (1) engaging in a continuing criminal enterprise intentionally, or with reckless indifference to human life, kills or participates in the killing of any individual; or (2) intentionally, or with reckless indifference to human life, kills or participates in the killing of a law enforcement officer during the commission of, in furtherance of, or while attempting to avoid apprehension, prosecution, or service of a prison term for a felony violation of such Act. Requires the Government, for such offense, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, disclosing the factors it will seek to prove as a basis for the death penalty. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to the offense. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading of the jury. Directs the court, or the jury by unanimous vote, to impose the death penalty upon finding that such sentence is justified based on consideration of both aggravating and mitigating factors. Prohibits the death sentence with respect to any person who: (1) was under 18 years of age at the time the crime was committed; or (2) by reason of mental disease or defect is unable to understand his or her impending death or its reasons. Sets forth both mitigating and aggravating factors to be considered by the jury or the court when imposing its sentence. Includes among the latter: (1) the intentional nature of the act that resulted in the victim's death; (2) previous convictions for CSA violations; and (3) the especially heinous, cruel, or depraved nature of the offense. Requires the court to instruct the jury not to consider the race, color, national origin, or sex of the defendant in its consideration of the sentence. Requires each juror to return a signed certificate stating that these features were not considerations in determining the sentence. Directs the Comptroller General to: (1) conduct a study of the procedures used by States in determining whether to impose the death penalty; and (2) report to the Congress on any factors that may account for the evidence that the race of the defendant or victim influences the likelihood that defendants will be sentenced to death. Allows the court to impose a sentence of life imprisonment without the possibility of parole if the death penalty is not imposed. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or arbitrariness; and (2) the information supports the finding of aggravating factors or the absence of mitigating factors. Requires the court to provide a written explanation of its determination. States that no employee shall be required to participate in or attend any execution carried out under this Act if such participation is contrary to the employee's moral and religious convictions.
United States · United States Congress · 3 October 1988
Commends the Honorable Robert C. Byrd, Majority Leader of the Senate, for his dedication to the ideals of representative democracy and for his outstanding service to the United States.
United States · United States Congress · 27 September 1988
Amends the Carl D. Perkins Vocational Education Act to increase the percentage of amounts reserved for vocational education programs for Indians and Native Hawaiians under funds for State vocational education assistance. Prohibits the Secretary of Education from placing restrictions upon grants or contracts entered into for such programs relating to rates of placement of students and adults served by such programs. Requires the Secretary to give special consideration to grants which encourage tribal economic development plans. Earmarks specified amounts for vocational-technical training grants to the Crownpoint Institute of Technology in New Mexico and the United Tribes Technical College in North Dakota. Requires the Secretary, if extra funds for vocational education grants are available under the reserved amounts, to first make grants to institutions of higher education that are eligible for assistance under the Tribally Controlled Community College Assistance Act of 1978 for developing programs for tribal economic development. Authorizes the Secretary to approve a single application from the American Indian Higher Education Consortium if no such institution submits a grant application. Directs the Secretary to transfer to the Secretary of the Interior a portion of the funds reserved under this Act to be used for activities (other than construction or alteration of facilities) for the benefit of students attending schools funded by the Bureau of Indian Affairs. Requires the Secretary of the Interior to provide an amount equal to such transferred amount for the purpose of such activities. Establishes the National Indian Center for Research in Vocational-Technical Training. Requires the Secretary to support the Center through an annual grant. Directs the Secretary to designate the entity to be the Center for a period of five years. Sets forth grant application criteria. Requires the Center to conduct research and developmental programs on: (1) the involvement of the private sector in vocational-technical training for Indians and Alaska Natives; (2) the methods for providing quality vocational-technical training to Indians and Alaska Natives and for enhancing basic academic skills in vocational settings; (3) the development of curriculum materials and methods regarding new technologies and assessments of the nature of change in the workplace with respect to tribal settings and economic development; and (4) the identification of institutional, social, and cultural characteristics which improve the preparation of youths and adults for employment. Directs the Center to: (1) research the relationship between training and tribal economic development with respect to employment opportunities; (2) provide leadership development through an advanced study center and inservice vocational-technical activities for tribal and local leaders; (3) disseminate the results of the research projects; (4) provide information to facilitate national planning and policy for Indian tribes and their economic development; (5) provide technical assistance to programs serving Indians and Alaska Natives; (6) act as a clearinghouse for information on contracts and grants providing services to Indians and Alaska Natives; (7) work with tribal organizations, the Bureau of Indian Affairs, and other public agencies to develop planning and evaluating programs, including followup studies; and (8) report annually to the Congress and the Secretaries of Education, Labor, and the Interior on the planning under this Act, the Job Training Partnership Act, and all other programs providing vocational-technical education and economic development to Indians and Alaska Natives.
United States · United States Congress · 26 September 1988
Uniform Federal Crime Reporting Act of 1988 - Requires the Attorney General to collect and preserve national data on Federal criminal offenses as part of the Uniform Crime Reports. Directs all Federal agencies which routinely investigate complaints of criminal activity to report details about such crimes to the Attorney General in a uniform manner and on a form prescribed by the Attorney General. Requires the Attorney General to distribute such details in the form of annual Uniform Crime Reports for the United States to the President, the Congress, State governments, and officials of localities and institutions participating in the Uniform Crime Reports program. Authorizes the Attorney General to designate the Federal Bureau of Investigation as the lead agency for performing the functions authorized by this Act and to establish such advisory boards as may be necessary to assist the Bureau. Requires the Director of the Bureau to classify offenses involving illegal drugs and drug trafficking as a part I crime in the Uniform Crime Reports. Authorizes appropriations.
![Official portrait of Sen. Bingaman, Jeff [D-NM]](https://www.congress.gov/img/member/b000468_200.jpg)